Unit 1

Question 1

Legal rule

Answer 1

laws are legal rules that are made by parliament or a subordinate body and are enforced but the community thought the legal system often in courts and are applied to all members of the society

Question 2

non-legal rules

Answer 2

rules made bu and only affect people in family’s, schools clubs and other organisations

Question 3

Explain the four functions of law.

Answer 3

1. establish a code of conduct
2. protect society from harm
3. laws reflect people’s changing values and circumstances
4. laws resolves disputes through courts and tribunals

Question 4

Explain the characteristics of an effective law.

Answer 4

1. know and understood by the public
2. acceptable to the community and reflect values
3. able to be changes
4. stable and consistent
5. enforceable

Question 5

Explain the difference between civil and criminal law.

Answer 5

Civil: is an area of law covering infringement of a persons rights and aims to restore the affected person to their original position or compensate for their loss
Criminal: is the ares of law concerned with behavior that is against an existing law and is harmful to society and therefor requires the imposition of a sanction
parties involved:
DPP vs accused
plaintiff vs defendant
standard and burden of proof: beyond reasonable doubt with the prosecution , balance of probability plaintiff

Question 6

Outline the structure of the Commonwealth Parliament

Answer 6

queen’s rep - GG
upper house - the senate
lower house - the house of reps

Question 7

Outline the structure of the Victorian Parliament.

Answer 7

queen’s rep - governor
upper house - legislative council
lower house - legislative assembly

Question 8

Define bicameral

Answer 8

a Parliament made up of two houses and the crown’s rep

Question 9

Define Government

Answer 9

is the political party that wins a majority of the members in the lower house

Question 10

Define Cabinet

Answer 10

senior member of parliament who make the choices and hold a specific area of responsibility called a portfolio member of the cabinet are referred to as ministers

Question 11

Define Legislation

Answer 11

a law made by parliament also know as statutes or acts of Parliament

Question 12

Define Bill

Answer 12

a proposed law

Question 13

Outline the process for passing legislation. (Use a step process)
Ensure you know three steps in this process.

Answer 13

1. The first reading is the introduction of the bill into parliament. Here the bill is distributed to all members of parliament tin the house and the reason for the bill ( ie its general purpose )
2. Second reading: the minister who introduced the bill outlines the general principles of the bill.
3. Consideration in detail: at this stage each clause (part) of the bill is discussed in detail.
4. Third reading; the bill is discussed and voted upon and if passed, ie agreed to by the majority of Members of parliament
5. The Bill passes the first house
6. . Same procedure in the other House
   • First reading
   • Second reading
   • Committee of the whole house

• Third Reading

if passed

7. Royal Assent; this is when the Queens representative the Governor – General in the Commonwealth Parliament or the Governor in the state parliament)
8. . The Proclamation is when the bill has been signed by the Queen’s representative and a date is set for the law to come into operation.

Question 14

Define the term crime.

Answer 14

A crime is an unlawful act or omission for which the state imposes a penalty.

Question 15

Mens rea

Answer 15

guilty mind

Question 16

actus reus

Answer 16

guilty act

Question 17

The Burden of proof

Answer 17

refers to the role of proving a case in court in criminal case this role belongs to the prosecution

Question 18

The presumption of innocence

Answer 18

refers to a legal concept of being regarded innocent until proven guilty by the court

Question 19

The standard of proof

Answer 19

beyond reasonable doubt

Question 20

The Age of criminal responsibility

Answer 20

10 years old

Question 21

difference between Murder and manslaughter

Answer 21

Murder: occurs when death is caused with intent (malice aforethought) Manslaughter:
This is when the death of a person occurs when there was no intention to kill but there was
i. intention to harm
ii. The accused actions fall below the expected standard of care
iii. The accused actions were unlawful

Question 22

difference between Child Homicide and Infanticide

Answer 22

Child Homicide: where a person kills a child who is under the age of 6 in circumstances that would normally be manslaughter
infanticide: a woman killed her child (under 2) as a result of a mental disturbance eg postnatal depression

Question 23

difference between Assault and attempted murder

Answer 23

Attempted Murder
- is when a person attempts to kill the victim but the victim does not die..
Assault: threating to commit or committing some form of physical harm. It is the direct application of force
To constitute assault an action must be
i. unlawful
ii. intentional or reckless
iii. It must cause injury, pain, discomfort, insult or the depravation of liberty

Question 24

What is defensive homicide

Answer 24

crime of murder the defended did what they thought necessary to defend themselves / other courts find it unreasonable (excessively use of force)

Question 25

List and explain four defences to murder

Answer 25

self defense
defense homicide
automatism
infanticide

Question 26

List and explain four defences to assault

Answer 26

Duress
menta; impairment
lawful use of force eg police
necessity - prevent greater harm

Question 27

Explain the difference theft and burglary.

Answer 27

theft -taking another persons property with the intention of keeping it
burglary- is unlawfully entering a property to steal or commit an offence

Question 28

Robbery

Answer 28

occurs when force is used to threaten a person when stealing

Question 29

Define arrest

Answer 29

to take a suspect into custody

Question 30

define warrant

Answer 30

a written order from the magistrate directing the police to search a persons premise seize a persons goods or arrest them