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Year 10 Business > Term 1 Legal Studies > Flashcards

Term 1 Legal Studies Flashcards

1
Q

List some Careers for Legal studies.

A

Lawyer, Barrister, Judge, Representative, Prime Minister

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2
Q

What 5 things make laws effective?

A

Enforceability, Specification, Usefulness, Context, and Reason.

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3
Q

What is rule of law?

A

Everyone is equal under the law, and no one is discriminated or favorited under the law.

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4
Q

List 3 Factors that lead to youth crime.

A

Homelessness, Absent Parents, Peer Pressure, lack of maturity, lack of role models, mental illness, lack of education

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5
Q

What are the 3 steps to an arrest?

A
  1. Officer states you are under arrest
  2. The officer states the reason
  3. You surrender volunteerily or the officer uses physical force.
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6
Q

What is a summary offence?

A

A less serious crime.

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7
Q

Who hears a summary offence?

A

Magistrate

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8
Q

What is an example of a summary offence?

A

Graffiti, Trespassing, Fare evasion

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9
Q

What is an Indictable Offence?

A

Serious crimes

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10
Q

Who hears indictable offences?

A

Judges and Juries

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11
Q

Example of an indictable offence?

A

Murder, Treason, Grievous bodily harm.

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12
Q

What rights do you have during an arrest?

A
  1. You can only be held for 8 hours
  2. Right to medical attention
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13
Q

What do you have to do during arrest?

A

Provide name and address.

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14
Q

Do you have to go with police if arrested?

A

YEs

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15
Q

Can the police keep your finger-prints if you are not charged.

A

Only up to 6 months, after that they have to destroy them.

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16
Q

Do you have the right to remain silent in Australia?

A

You only have to answer questions related to suspected offence.

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17
Q

Do you have the right to a call for a summary offence?

A

You do not.

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18
Q

Do you have the right to a call for an indictable offence?

A

Yes

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19
Q

What is a QP9 sheet?

A

A QP9 sheet is a summary of a case.

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20
Q

Can you appeal a decision in Magistrates court?

A

Yes

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21
Q

Can you appeal a decision in Supreme Court?

A

Only if you have been given the right to do so.

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22
Q

What is the definition of Refugee?

A

A person fleeing their country out of fear of prosecution or discrimination.

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23
Q

What is the definition of an Internally displaced person?

A

A person that has been moved across their country from war or famine.

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24
Q

What is a stateless person?

A

A person that has a citizenship that is not recognised by another state

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25
Q

What is an example of a stateless person?

A

Israelites in Palestine.

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26
Q

What is criminal law?

A

Criminal law when the police are involved and the offence is often commited against the state or community.

27
Q

What is a civil law?

A

A civil law is between 2 individual parties.

28
Q

Example of a criminal law?

A

Murder

29
Q

What is the presumption of innocence?

A

The presumption of innocence is that a person is believed innocent until they are proven guilty beyond a reasonable doubt.

30
Q

What is the aim of criminal law?

A

To protect society and sanction offenders.

31
Q

What is the aim of civil law?

A

To remedy a wrong

32
Q

What are some possible consequences in criminal law?

A

Sanctions, restrictions, jail time.

33
Q

What are some possible consequences in civil law?

A

Remedy and monetary compensation.

34
Q

Are the police involved in a civil case?

A

NO

35
Q

Are the police involved in a criminal case?

A

Yes

36
Q

What degree of proof is used in a criminal case?

A

Beyond a reasonable doubt

37
Q

What standard of proof is used in a civil case?

A

Balance of probabilities.

38
Q

What does balance of probabilities mean in terms of a civil case?

A

It means that if a person is determined to be 80% responsible for the wrongdoing, then they will compensate 80%.

39
Q

What is the juvenile age of responsibility in QLD?

A

10-16 years old

40
Q

When can you get your learners?

A

16 years old

41
Q

When can you take the learners test?

A

15 years and 11 Months

42
Q

How old do you have to be to be considered an adult in the eyes of the law in QLD

A

18

43
Q

What is the policy pertaining detention of youths?

A

It should be a last resort.

44
Q

What is a penalty unit?

A

An easy way of organising fines.

45
Q

What is a penalty unit worth?

A

$110

46
Q

How many demerits is it for driving with a mobile phone?

A

4 demerits

47
Q

Which act applies to youth?

A

Youth Justice Act 1992

48
Q

What is a warrant?

A

A warrant is a piece of paper allowing cops to search homes, cars, and arrest people.

49
Q

Which act outlines police rights and obligations?

A

Police Powers and Responsibilities 2000. (PPR)

50
Q

What is international law?

A

International law is the rules and regulations on how nations are allowed to interact with each other.

51
Q

What does sovereignty mean?

A

Sovereignty is a state’s right to govern itself.

52
Q

What is the International Criminal Court’s responsibility?

A

To investigate, prosecute, and try individuals who commit the most serious crimes against the international community.

53
Q

What is the International Court of Justice responsibility?

A

To seize or designate anything to do with international disputes.

54
Q

Define a human right.

A

The rights and guarantees that you get just for existing.

55
Q

List 4 things a state needs to do to be recognized as independent.

A
  1. Have physical land
  2. Have a stable population
  3. Ability to enforce domestic policy
  4. Ability to maintain foreign relations.
56
Q

Define Sovereign Equality.

A

All international states should be considered equal before an international law is passed.

57
Q

What does Draconian mean?

A

When a countries laws are harsh, excessive, and dangerous.

58
Q

What does non-refoulment mean?

A

It means a country sent back refugees while they were still able to be prosecuted in that country.

59
Q

What is a constitution?

A

A set of rules for a government to follow.

60
Q

State what specific powers are.

A

Powers that only the Commonwealth have.

61
Q

State what Residual powers are.

A

Powers that the state government have.

62
Q

What is a bilateral treaty?

A

A treaty between 2 nations.

63
Q

What is a multilateral treaty?

A

A treaty between 3 or more nations.

Year 10 Business (1 decks)

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