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legal studies !! > UNIT 1 EXAM LEGAL STUDIES > Flashcards

UNIT 1 EXAM LEGAL STUDIES Flashcards

1
Q

Role of individuals:

A

aware of laws, obey, assisting police, maintain social cohesion.

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2
Q

Role of law:

A

Guidelines on what behaviour is acceptable. Establishes rights of people if infringed.

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3
Q

Principles of justice:

A

Fairness, equality, access.

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4
Q

Fairness:

A

all can participate in justice system, processes: impartial and open.

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5
Q

Equality:

A

all engaging with the justice system + processes: treated in the same way; if same treatment creates disparity, adequate measures should be implemented to allow equality.

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6
Q

Access:

A

engage with justice system + its processes on an informed basis.

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7
Q

Characteristics of effective law:

A

reflect society’s values, enforceable, known, understandable.

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8
Q

Parliament & roles:

A

large group made up of politicians. Debate, discuss and create laws. Introduce and pass bills, ensure equal representation.

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9
Q

Role of courts:

A

Resolve cases, determine guilt and verdicts.

Apply and interpret laws before them.

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10
Q

Relationship in law-making:

A

Statutory interpretation, Codification of common law, Abrogation of common law.

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11
Q

Common Law & Statue Law:

A

A series of legal foundations that come from precedent, (JUDGE MADE LAW).

Statute Law: (Law written in Acts of Parliament).

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12
Q

Criminal law & Civil law:

A

Establishes crime, protects community, creates sanctions for those who commit crimes.

Resolve disputes between two individuals, cases seek to enforce rights where harm has occurred.

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13
Q

Relationship between criminal + civil law:

A
  • the aim of each area of law
  • the consequences if a law is not followed.
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14
Q

Victorian court hierarchy:

A

HSCM

HIGH COURT: Only hears APPEALS for criminal cases.

SUPREME COURT: Court of Appeal, Trial Division

COUNTY COURT: indictable offences

MAGISTRATE’S COURT: summary offences

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15
Q

Purposes of criminal law:

A

Protect individuals, protect property, protect society, promotes justice.

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16
Q

Presumption of innocence:

A

Accused person is considered innocent until they are proven to be guilty in a court.

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17
Q

Concepts of criminal law:

A

Mens rea, actus rea, strict liability, age of criminal responsibility, burden of proof, standard of proof.

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18
Q

Types of crime:

A

Cyber-crime, Hate-crime, Organised-crime, Juvenile-crime, White-collar crime

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19
Q

Distinction between summary + indictable offences:

A
  • The severity of the crime.
  • Call the final hearing
  • Who determines guilt
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20
Q

Principal offenders + accessories:

A

Principal offender: involved and commits an offence + carried out actus rea

Accessory: without lawful excuse, assists a principal offender after a crime has been committed.

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21
Q

Two criminal offences:

A

Culpable driving causing death, assault

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22
Q

Culpable driving causing death:

A

Reckless operation of a vehicle leading to the death of another person.

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23
Q

Elements of culpable driving causing death:

A

Accused was not driving the car. Driving was not culpable.

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24
Q

Defences to culpable driving:

A

Duress, sudden emergency, automatism.

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25
Q

Duress:

A

threatened to force someone to act against their will.

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26
Q

Automatism:

A

Loss of bodily movement. (unconscious)

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27
Q

Trends in culpable driving causing death:

A

increasing numbers, 18-34, majority males.

28
Q

Impact on victim:

A

Loss of life, funeral costs, psychological issues, loss of trust in law.

29
Q

Impact of community:

A

Increased need for police, damage to community property, trauma to society.

30
Q

Impact on offenders:

A

guilt, shame, legal costs, financially impacted, social standing.

31
Q

Assault:

A

Intentional use of direct or indirect force against another person without lawful excuse.

32
Q

Elements of assault:

A
  • threat of force was intentional or reckless
  • no lawful justification or excuse
33
Q

Defences for assault:

A
  • Contact unintentional.
  • Lawful justification for actions.
34
Q

Trends for assault:

A

decreased:
2020 - 548086
2021 - 477789
2022 - 483441

35
Q

Institutions that enforce criminal law:

A

Victoria Police:
- examining scenes
- forensic evidence
- arrest

AFP:
- investigate crimes with federal aspects

36
Q

Delegated bodies:

A
  • Consumer Affairs
    Victoria
  • Environmental Protection Authority
  • Local councils
  • State Revenue Office
  • VicRoads
  • Victorian Work Cover
    Authority (Worksafe):
37
Q

Institutional powers and rights:

A
  • given to those accused of a crime.

MUST BALANCE WITH THE RIGHTS OF INDIVIDUALS

38
Q

Role of Victorian courts:

A

Determining guilt and impose sanctions.

39
Q

Jurisdictions of the courts:

A

The lawful authority of a court to apply the law and hear cases.

Original: hears dispute for first time

Appellate: Appeal, heard before

40
Q

Role of jury:

A
  • Listen to evidence
    presented in court.
  • Piece evidence together
  • Decide if accused is
    guilty/not guilty
41
Q

Difficulties faced in different groups:

A

First Nations, Young people, Culturally & linguistically diverse people, Disability.

42
Q

Purpose of sanctions:

A

penalties imposed by courts who are guilty of a criminal offence.

Punishment, protection, deterrence, denunciate, rehabilitation.

43
Q

Punishment:

A

penalize the offender, criminal behaviour is not tolerated.

44
Q

Protection:

A

keep individuals of society safe, preventing offenders from harming again.

45
Q

Deterrence:

A

discourage offenders + others in society from committing crimes due to consequences imposed.

46
Q

Denunciate:

A

demonstrate community’s disapproval of the offenders actions.

47
Q

Rehabilitation:

A

reform offenders to prevent committing crimes.

48
Q

Types of sanctions:

A

Fines, CCO, imprisonment.

49
Q

Fines:

A

non-custodial, form of monetary penalty. Paid to state, paid in penalty units.

50
Q

Community corrections order:

A

Serve time within the community with conditions.

51
Q

Imprisonment:

A

Removed from the community into jail. High rates of recidivism.

52
Q

Factors in sentencing:

A

Nature & gravity of the offence, vulnerability of victim, offender’s personal circumstances, guilty plea

53
Q

Alternative approaches to sentencing:

A

Drug court, Koori court, Diversion program.

54
Q

Drug court:

A

Directly addressing drug/alcohol dependency, if failure of those who sentence offenders.

55
Q

Koori court:

A

Provides sentencing to First Nations, which comply with culture.

56
Q

Another Australian jurisdiction:

A

NT: unicameral parliament.

Northern Territory Criminal Justice System:
(Similar to Victoria):
- Laws establish what is a crime + maximum penalty imposed.
- Investigate criminal law + can charge people with committing a crime.
Has own court system + court hierarchy.

57
Q

Aim of criminal law:

A

Protect society and sanction offenders.

58
Q

Aim of civil law:

A

rectify a civil wrong, returning rights have been infringed.

59
Q

Civil law consequence:

A

Remedy.

60
Q

Criminal law consequence:

A

Sanction.

61
Q

The distinction and relationship between criminal law and civil law:

A
  • the aim of each area of law
  • the consequences if a law is not followed.
62
Q

Burden of proof:

A

Prosecution presents evidence to court to prove guilt of the accused rather than accused proving their innocence alone.

63
Q

Standard of proof:

A

Strength of evidence needed to prove a legal case.
Prosecution must prove the case beyond reasonable doubt.

64
Q

Role of Victorian courts:

A

Determine guilt and impose sanctions

65
Q

Reason for Victorian Court hierarchy:

A

Providing resources for settling disputes , upholding the law:

specialization & expertise, appeals, administrative convenience, part of the doctrine of precedent.

66
Q

Crime:

A

An omission against an existing law. Harmful to an individual and society, and punishable by law. Crimes impact an individual by causing physical, financial or psychological harm.

legal studies !! (8 decks)

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