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Legal Studies > Unit 2 Exam Revision > Flashcards

Unit 2 Exam Revision Flashcards

1
Q

How are the 3 Principles of Justice achieved?

A

Fairness - When objective legal processes are in place and all individuals receive an unbiased hearing.
Equality - All individuals treated uniformly.
Access - All individuals have access to legal aid.

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2
Q

What are 3 examples of Criminal Law Enforcement?

A

Possible Options:
-Victoria Police
-Australian Federal Police
-Victorian Sherrif’s Office
-Australian Border Force
-Delegated Bodies/Authorities

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3
Q

What is one positive and one negative for Conciliation?

A

Positive - Conciliator listens to parties and assists in decision-making.
Negative - Not legally binding.

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4
Q

What are the 3 Principles of Justice?

A

Fairness, Equality and Access.

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5
Q

What is the Aim of Civil Law?

A

To protect individual’s rights and restore individuals.

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6
Q

What are the 4 methods of Dispute Resolution?

A

Mediation, Conciliation, Arbitration and Judicial Determination.

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7
Q

How does Victoria Police enforce Criminal Law?

A

-Handles Indictable and Summary offences.
-Talk to witnesses and victims about incidents.
-Question suspects.
-Examine the scene of the crime and look for evidence.
-Conduct searches of people and/or property.
-Arrest accused persons.
-Charge people with offences.

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8
Q

What is one positive and one negative for mediation?

A

Positive - Lawyers can be present.
Negative - Not legally binding.

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9
Q

POJ: Equality

A

Involves one party being treated the same as another without discrimination.

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10
Q

POJ: Access

A

Parties need to have access to information, support, and assistance in order to have civil rights protected.

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11
Q

How is Fairness maintained in the civil system?

A
  • Defendant given full details of the claim
  • Plaintiff and defendant have the right to be advised and represented.
  • Alternative methods of dispute resolution such as mediation and conciliation.
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12
Q

What is one positive and one negative for Judicial Determination?

A

Positive - Legally binding.
Negative - Expensive and time-consuming.

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13
Q

What is one positive and one negative for Arbitration?

A

Positive - Legally binding.
Negative - The arbitrator can make the decision for the party.

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14
Q

What is mediation?

A

Involves a third party (mediator) assisting the disputing parties to determine a solution.

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15
Q

How is equality maintained in the civil system?

A
  • All people should be heard
  • All people should have access to the legal system without much difficulty
  • All outcomes should be based on law not characteristics of a person
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16
Q

What is conciliation?

A

Involves an impartial third party (conciliator) assisting the disputing parties and offer suggestions. Conciliators have specialist knowledge on the area of law.

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17
Q

What is Arbitration?

A

Involves an impartial third party (arbitrator) listening to the disputing parties and helping to reach a decision. If none is reached, the arbitrator can make a LEGALLY-BINDING decision for them.

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18
Q

When did VCAT commence operation?

A

1st July 1998

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19
Q

How is Access maintained in the civil system?

A
  • Court hierarchy
  • Complaint bodies
  • Specialized, efficient, effective tribunals
  • Existence of different methods of dispute resolution
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20
Q

What are the five VCAT divisions?

A
  1. Civil Division (disputes between parties)
  2. Administrative Division (disputes between a party and government body)
  3. Human Rights Division (matters such as discrimination)
  4. Residential Tenancies Division (disputes between landlords and tenants)
  5. Planning and Environment Division (reviews decisions made by local councils and other authorities)
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21
Q

What is Judicial Determination?

A

The traditional method of dispute resolution in court. Both parties present their case before an independent, impartial third party (judge; magistrate). All decisions here are legally binding. It is the last resort, but it is expensive and time-consuming.

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22
Q

What is VCAT’S structure?

A
  1. President: Supreme Court Judge
  2. Vice-presidents: County Court judges
  3. Deputy presidents: Oversee the operation of distinct divisions
  4. Senior members and ordinary members: Resolve disputes
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23
Q

What is the role of a solicitor?

A

Does the “grunt work” for the barrister; Gathers evidence for the case, speaks to the client and clarify issues. They then pass off their work to the barrister.

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24
Q

Role of Complaints Bodies

A

Assist individuals who have complaints about goods, services, or a company.

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25
Q

What is the role of a barrister?

A

To present the case prepared by the solicitor to the court.

26
Q

What is the role of courts?

A

To determine the liability of a party, and to what extent they are liable. They also must decide on a remedy if required.

27
Q

How many jurors are in a Civil Jury?

A

Six jurors

28
Q

What is the role of a Civil jury?

A

To decide on the balance of probabilities if the plaintiff proved the wrong doing of the defendant.
They can also decide on amount of damages awarded.

29
Q

Is a Civil Jury optional?

A

Yes. (They are also rare in civil trials)

30
Q

What is the purpose of remedies?

A

A way in which a court can right the wrong that has occurred to the plaintiff

31
Q

What are Damages?

A

A remedy that is an amount of money to be paid

32
Q

How does the Australian Federal Police (AFP) enforce Criminal Law?

A

Might work with Victoria Police to arrest possible offenders.

33
Q

What are injunctions?

A

A remedy that is a court order to stop or complete an action

34
Q

What are the two types of injunctions?

A

Mandatory injunction (compel an action)
Restrictive injunction (prevent an action)

35
Q

Australian Federal Police (AFP)

A

AFP investigates and enforces criminal law with a federal aspect

36
Q

Victorian Sheriff’s Office

A

Responsible for locating people and demanding debts to be paid.

37
Q

The Sheriff

A
  • The Sheriff delegates power to their subordinates, who represent him.
  • They enforce warrants and orders issued by the courts for criminal disputes.
38
Q

Sheriff’s Officers are authorized to:

A
  • Wheel clamp a vehicle without prior notice
  • Prevent the renewal of the vehicle registration
  • Seize and sell assets
  • Arrest an individual and possible imprisonment.
39
Q

Australian Border Force (ABF)

A

Have the power to enforce customs, immigration and border patrol

40
Q

Main functions of ABF

A
  • Facilitating lawful passage of people and goods
  • Investigations, compliance, and enforcement in relation to illicit goods
  • Patrol air and seaports, remote locations, mail and cargo centers
41
Q

What is a Delegated Body

A

Also known as a subordinate authority is an agency or authority given power by parliament to make and/or enforce laws

42
Q

Examples of Delegated Bodies

A
  • Australin Tax Office
  • Australian Securities and Investment Commission
  • Consumer Affairs Victoria (CAV)
43
Q

Delegated Bodies Strengths

A
  • More efficient with expertise in an area
  • Eases workload on Parliament
  • Changes can be implemented faster
44
Q

Delegated Bodies Weaknesses

A
  • Not elected (not democratic)
  • Difficult to know who makes laws and when they are changed
  • Confusion if one or more bodies regulate a specific area
45
Q

Sunset Clause

A

All delegated legislation ceases to have effect after 10 years unless elected to be extended.

46
Q

Specific Checks on Delegated Bodies

A
  • Vic Parliament can disallow any proposed law
  • Cth Parliament may pass a “Notice of Motion” disallowing delegated legislation
  • Court challenges: delegated legislation can be challenged by Supreme Court as being ‘ultra vires’ (beyond scope of delegated powers
47
Q

Ombudsman

A

An independent public service that investigate complaints about administrative decisions made by government departments, local council, and statutory authorities.

48
Q

Institutional Powers and Citizen’s Rights

A
  • While Police and other criminal justice institutions posses distinct powers, citizens possess particular rights which provide them with protection.
  • There must be balance between institutional powers and citizens’ rights
49
Q

Institutional Power/Individual Right: Arrest

A

Institutional Right: Police can arrest without warrant any person reasonably believed to have committed an indictable offence.

Individuals Right: If arrested they must be advised of reason why at time of arrest and informed of any proceedings to be brought against them.

50
Q

Institutional Power/Individual Right: Questioning

A

Institutional Power: If a person is in custody for committing an offence, Police possess the power to question that person in reasonable time

Individual Right: Individual is to be informed of their right to silence and anything they say may be given in court

51
Q

Institutional Power/Individual Right: Bail

A

Institutional Power: Prosecutor can oppose bail application

Individual Right: Entitled to bail, subject to certain conditions, within 24 hours after being brought into custody

52
Q

Institutional Power/Individual Right: Court Proceedings

A

Institutional Power: Power of Prosecution to prepare case, speak with witnesses, obtain evidence and negotiate plea deals

Individual Right: Have the case heard by an independent court; a fair and public hearing; tried without unreasonable delay.

53
Q

Institutional Power/Individual Right: Imprisonment

A

Institutional Power: Court has the power to imprison someone for a period of time

Individual Right: Open air for at least one hour a day

54
Q

Role of the Courts in the Criminal Justice System: #1 Determine a Criminal Case

A
  • If an accused pleads not guilty, it is the courts role to determine if they are guilty
  • Courts hear appeals
  • Courts provide case management
  • Courts provide specialisation in case that they are hearing
55
Q

Role of the Courts in the Criminal Justice System: #2 Impose a Sanction

A
  • If accused is found guilty the court will set a date for a ‘plea hearing’
  • During hearing parties provide relevant factors to sentencing
  • Following a plea hearing a sentencing hearing will take place where a judge will hand down a sentence
56
Q

Court Hierarchy

A

High Court
State:
Supreme Court (CoA)
Supreme Court (TD)
County Court
Magistrates Court
Federal:
Full Court of the Federal Court
Federal Court
Federal Circuit and Family Court of Australia

57
Q

What is Jurisdiction and what are the 2 types?

A
  • Each court has its own specific jurisdiction, or authority to hear certain types of criminal cases according to how serious the crime is
  • Original and Appellate jurisdiction
58
Q

Original Jurisdiction

A

The ability to hear a case for the first time

59
Q

Appellate Jurisdiction

A

All courts above Magistrate level can hear cases appealed from lower courts

60
Q
A

Legal Studies (3 decks)

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