topic 5 - long arm of the law

Question 1

What are the 2 main types of rules?

Answer 1

1. legal rules
2. non-legal rules

Question 2

What are legal rules?

Answer 2

LAWS - permit, modify or prohibit the activities of all people in the community

Question 3

What are non-legal rules?

Answer 3

RULES - determine what behaviour is unacceptable in particular groups or institutions

Question 4

What is the difference between laws and rules?

Answer 4

• who has to follow them
• how the are enforced

Question 5

Rules

Answer 5

• enforced by the organisation who made them
• only binding on those who mae them and/or voluntarily submitted them

Question 6

Laws

Answer 6

• enforced by the state through government officilas, police and courts
• binding on everyone in the community

Question 7

What is criminal law and examples?

Answer 7

Cases in which a person has committed an offence against the well being of the community
- murder / assault
- theft / property damage

Question 8

What is a summary offence? eg.

Answer 8

Less serious criminal offences usually heard in Magistrate’s court
- speeding, literring

Question 9

What is an indictable offence? eg.

Answer 9

Serious criminal offences heard before a judge and jury in County or Supreme courts
- armed robbery
- culpable driving

Question 10

What are the rules behind children under 10?

Answer 10

• cannot be held responsible for committing a crime
• believed they don’t know the difference between right and wrong

Question 11

What are the rules behind children aged 10-14?

Answer 11

• presumed to not understand the consequences of their actions
• up to the prosecution or police to prove they knew what they were doing was wrong

Question 12

What are the rules behind children aged 15 and up?

Answer 12

• young people can be punished
• sanctions, court might be different from adults

Question 13

What is civil law and examples?

Answer 13

Cases with a private dispute betwen 2 individuals
- defamation
- negligence
- nuisance

Question 14

Why do we need civil laws?

Answer 14

1. protect rights
2. impose duty on others
3. provide a solution such as compensation in the event of a breach of civil right

Question 15

What are the possible court findings for criminal law?

Answer 15

guilty
not guilty
no decision

Question 16

What are the possible court findings for civil law?

Answer 16

liable
not liable

Question 17

What is the standard of proof for criminal law?

Answer 17

beyond reasonable doubt

Question 18

What is the standard of proof for civil law?

Answer 18

on the balance of probability

Question 19

What is the burden of proof for criminal law?

Answer 19

prosecution

Question 20

What is the burden of proof for civil law?

Answer 20

plaintiff

Question 21

What is the order of the court hierarchy?

Answer 21

high court
supreme
county
coroners / magistrate’s / children’s

Question 22

What are some factors of the Supreme Court? (4)

Answer 22

• indictable offences (murder, manslaughter)
• jury of 12 for all criminal trials
• hears civil appeals from magistrate’s
• only hears civil cases where plaintiff is seeking large amount of damages

Question 23

What are some factors of the County Court? (3)

Answer 23

• indictable offences (serious assaults, drug trafficking)
• civil cases where plaintiff is seeking over $100,000 in damages
• limited to hearing appeals from criminal in magistrates

Question 24

What are some factors of the Magistrate’s Court? (4)

Answer 24

• hears civil cases where plaintiff is seeking damages up to $100,000
• never has a jury
• never hears appeals
• hears summary offences (property damage)

Question 25

What is specialisation?

Answer 25

the courts are ranked in order of important according to types of cases they hear

Question 26

What is a precedent?

Answer 26

high court makes a decision that is binding on lower courts in the same hierarchy

Question 27

What is rights of appeal?

Answer 27

you can appeal to a higher court which allows for mistakes to be corrected and provides fairness

Question 28

What is administrative convenience?

Answer 28

allows for distribution of cases according to their seriousness, hierarchy allows judges and legal people to be allocated to courts according to the level of expertise

Question 29

What is the children’s court purpose?

Answer 29

• rehab not punishment
• presided over by a magistrate
• hear and determine cases involving children and young people

Question 30

What are the 2 children’s court divisions

Answer 30

family
criminal

Question 31

What is the family division?

Answer 31

cases for children 0-17 years of age who are in need of care and protection as -
- ill treated to abused
- being abandoned
- having no one to look after them

Question 32

What is the criminal division?

Answer 32

defendant is 10-18 years old when the crime was committed and under 19 when trial occurs

Question 33

What happens in the Coroner’s Court?

Answer 33

• investigates unexpected or serious death (all deaths from fires and drownings)
• presided over by a coroner

Question 34

What is a committal hearing?

Answer 34

• heard in the magistrates court
• magistrate decides whether the accused is guilty and determines if a trial is necessary or what court
• ensured no time is wasted in higher courts

Question 35

What is bail?

Answer 35

the release of an accused person back into society while awaiting trial

Question 36

What is remand?

Answer 36

to hold a person in custody while awaiting trial

Question 37

What is a DTO?

Answer 37

drug treatment order
2 parts
1. custodial - sentence of imprisonment - not exceeding 2 years - to be served in community to allow person to receive treatment
2. treatment and supervision - aims to address persons drug or alcohol dependency

Question 38

What is statute law?

Answer 38

law made by parliament

Question 39

What is common law?

Answer 39

law made by judges in courts

Question 40

Criminal jury

Answer 40

• 12 jurors
• never found in magistrates court
• all criminal cases involving indictable offences in county or supreme
• paid for by vic state government

Question 41

Civil jury

Answer 41

• 6 jurors
• optional
• have to pay for one
  role -
• decide liability
• determine damages

Question 42

What does ineligible mean?

Answer 42

• incapable of performing jury duty, (deaf blind)
• can’t speak english
• employed in legal industry or have worked in the past 10 years (lawyer, police)

Question 43

What does disqualification mean?

Answer 43

• been imprisoned for 3 months or more in the last 5 years (criminal record)
• have served at least 3 years in jail in their life
• are on remand, bail

Question 44

What does excused mean?

Answer 44

able to be excused for a good reason
- illness or poor health
- distance
- advanced age
- cause substantial hardship

Question 45

what is the jury process?

Answer 45

1. turn 18 and put your name in electoral roll
2. chosen at random time and receive a questionnaire
3. complete questionnaire (could be ineligible)
4. if eligible and not disqualified attend jury pool (could be excused)
5. if not excused then wait to be empanelled

Question 46

What are 3 strengths of a jury?

Answer 46

1. involved a broad cross section of people reflecting community values
2. helps promote an understanding of legal system to citizens
3. gives community confidence that they are being ‘tried by their peers’

Question 47

What are 3 weaknesses of a jury?

Answer 47

1. lots of people get out of jury duty so its not a true cross section of community
2. adds to the time and cost of trial
3. do not have to give reasons for their decisions so there is no transparency