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Commerce > Topic 2 - Law and Citizens > Flashcards

Topic 2 - Law and Citizens Flashcards

1
Q

what are laws?

A

laws set out our basic rights and responsibilities. rules can be either legal or non-legal rules

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2
Q

legal rules

A

apply to all members of society and include criminal and civil law

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3
Q

what is a victimless crime

A

when the only person who is harmed is the person doing the crime

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4
Q

what two elements must be present for a crime to exist

A

actus reus and mens rea

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5
Q

actus reus

A

a guilty act

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6
Q

mens rea

A

a guilty mind

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7
Q

strict liability crimes

A

means there’s no need to improve intention or a guilty mind

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8
Q

law definition

A

a set of legal rules that help us to live together, safely and peaceably. It sets boundaries of acceptable and non-acceptable behaviour.

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9
Q

summary offence

A

a minor or less serious crime that goes to the lowest court with only a judge

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10
Q

indictable offence

A

more serious offences which go to a higher court with a judge and maybe jury

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11
Q

an accessory

A

when a person is charged if they knowingly assist a criminal to escape capture, prosecution or punishment

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12
Q

two main areas of civil law

A

law of torts and law of contract

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13
Q

three elements that must be present if you’re sued under the tort of negligence

A

must prove that you owed a duty of care, the duty of care was breached and that breach caused injury or damage

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14
Q

tort of defamation

A

is about protecting reputation, defamation is statements that lower other peoples opinions of you

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15
Q

Three areas of tort of trespass

A

trespass to goods, trespass to land and trespass to person

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16
Q

alternative means of dispute resolution

A

conciliation, mediation, arbitration, negotiation

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17
Q

high court of Australia (4 - highest court)

A

criminal: appeals
civil: appeals
consitutional matter

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18
Q

supreme court of victoria (3)

A

civil: unlimited amount of money or complex legal issues
criminal: serious cases such as murder, attempted murder and manslaughter

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19
Q

county court of victoria (2)

A

civil: involving unlimited amounts of money
criminal: more serious matters such as culpable driving, armed robbery, serious theft, drug trafficking and sexual offences

20
Q

magistrates court (1 - lowest court)

A

civil: deals with most disputes over money up to $100,000
criminal: minor cases such as motoring offences and willful damage to property

21
Q

civil law purpose

A

to recognise that the rights of an individual have been infringed and to restore the injured party to their original position

22
Q

criminal law purpose

A

to regulate the behaviour of individuals in the community

23
Q

civil law definition

A

laws regulating the behaviour of private individuals

24
Q

criminal law definition

A

laws concerned not only with the rights of individuals directly involved but also with the welfare of society as a whole.

25
Q

who takes action in civil law

A

the person whose rights have been infringed - plaintiff

26
Q

who takes action in criminal law

A

the director of public prosecutions

27
Q

nature of action in civil law

A

sue

28
Q

nature of action in criminal law

A

prosecute

29
Q

standard of proof required for civil law

A

on the balance of probability

30
Q

standard of proof required for criminal law

A

beyond reasonable doubt

31
Q

procedure used to bring the case to court in civil law

A

exchange of pre-trial documents - an out-of-court settlement

32
Q

procedure used to bring the case to court in criminal law

A

police investigation - if the case concerns an indictable offence, a committal hearing is also conducted

33
Q

court procedures in civil law

A

a trial before a judge sitting alone or a judge and an optional jury of 6

34
Q

court procedures in criminal law

A

where the accused pleads not guilty, a trial before a judge and jury of 12 people

35
Q

decision in civil law

A

liable or not liable

36
Q

decision in criminal law

A

verdict of guilty or not guilty

37
Q

outcomes in civil law

A

if the defendant is found liable, a remedy is awarded to the plaintiff

38
Q

outcomes in criminal law

A

if the accused is found guilty, a sanction is imposed

39
Q

parties involved in civil law

A

plaintiff and defendant

40
Q

parties involved in criminal law

A

prosecution and the accused

41
Q

prosecutor (criminal)

A

The person who appears in court to present the case against the defendant in a criminal hearing. They try that the defendant is guilty of the charges with evidence before the court.

42
Q

judge

A

The person who hears cases and makes decisions in the County Court and Supreme Court. If a judge and a jury hear the case, the judge will be responsible for directing the jury about the law. If the accused is found guilty, the judge will impose the sentence.

43
Q

jury

A

role is to answer questions of fact and apply the law, as explained to the jury by the judge, to those facts. The jury must listen carefully to all the evidence and after must decide whether or not the prosecution/plaintiff has proven that the accused/defendant is guilty beyond reasonable doubt/liable.

44
Q

plaintiff (civil)

A

The person who initiates the case in a non-criminal (civil) matter. By doing so, the plaintiff seeks a legal remedy.

45
Q

defendant (civil)

A

The defendant is the person who has allegedly committed a crime.

46
Q

accused (criminal)

A

The person against whom a criminal case is brought. Sometimes referred to as the defendant.

47
Q

barrister (criminal)

A

A legal advocate who is briefed by a solicitor to present the defence or prosecution case in court.

Commerce (2 decks)

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