Week 1/2/3/4 Flashcards
What is the purpose of a rule?
To tell us what we should and should not do
What is the general purpose of a law?
To control or alter our behavior
Define laws?
The rules a community makes so people can try to live together successfully and imply social control.
They’re interpreted and enforceable by the courts of the community.
What are the main purposes of laws?
To maintain social order
To resolve conflict
To protect the fabric of society
To attempt to balance the needs of individuals against the needs of the majority
How does the law for fill its purposes?
By recognising the values of society
By setting boundaries of acceptable conduct
By setting out the legal machinery to settle disputes
By being able to change
What are the 6 types of law?
Common law system Statute law system Private law Public law Civil law Criminal law
Define the common law system?
The law and procedures created by courts (ie judges)
It is based on judicial decision and precedent
Define the statute law system?
Written laws that are created and passed by a legislature on the state or federal level
Define private law?
Deals with the relationships between ordinary people & businesses in everyday transactions
Define public law
Deals with the relationships between government organisations and ordinary citizens
Define civil law?
Settles arguments between individuals (helps people to find remedies or solutions to problems and doesn’t really punish people)
Define criminal law?
Deals with rules created by the State forbidding certain behavior (crimes)
Criminal Law punishes people.
Define a crime?
A crime can be defined as an act or omission for which the state prosecutes and punishes an individual for breaking the laws
Define actus reus?
A physical act-committing the crime (guilty act)
Define mens rea?
A mental act-(guilty mind)
What are the 6 type of criminal acts?
Acts against a person Acts against property Acts that are immoral Acts against the state itself Acts against the legal system Acts that breach a regulation or a council bylaw
What is the standard proof required in criminal trials?
‘beyond all reasonable doubt’
What are the 6 criminal acts against a person?
Murder Attempted murder Manslaughter Assault and battery Culpable driving Rape Robbery
Examples of defenses for criminal acts against people?
Innocence Provocation Self defence Duress Accident Mistake of fact Automatism Drunkenness/drugs Necessity Protection of property Consent
What are the 2 types of civil law?
Contract law
Law of Torts
Define contract law?
A legal agreement
Define law of Torts?
A civil wrong’ that someone has committed against another
What is the standard of proof in civil trials?
‘balance of probability’
What are the 4 types of Torts?
Negligence
Nuisance
Defamation
Trespass
Define indictable offences?
Serious offences tried before a judge and jury in a higher court
Define summary offences?
Less serious offences tried by a magistrate and no jury in a lower court
What are 5 procedures that may occur after a crime has been committed?
A caution is issued On-the-spot fine A summons is issued A warrant is issued An arrest
Define bail?
You promise to appear before the court for your trial and if you do not, you forfeit a predetermined sum of money
Define remand?
If you are deemed dangerous to society, you won’t be granted bail and you will be held in remand (jail) until your trial
What is the role of the police?
To preserve the peace
To protect life and property
To prevent crime, detect and apprehend offenders
To help those in need of assistance
What are the main branches of police?
Homicide squad Forensic science laboratory General duties police officers Criminal investigation branch Specialised squads
Define the judge?
Are trained in the law
Worked as barristers before appointed as judges
Make sure that the trial follows correct legal procedure and clarify any points of law that may arise
Decide on the type and length of sentence in a criminal case
Define magistrate?
Preside over the lower court
Are qualified legal practitioners and hold law degrees Practiced as barristers
Decide whether someone is guilty or not in minor criminal cases.
Administer the punishment
Decide who is liable and how much compensation may be paid in damages in civil cases
Define plaintiff?
A person who brings a case against another in a court of law
Define defendant?
An individual, company, or institution sued or accused in a court of law
Define solicitor?
Member of the legal profession
Qualified to deal with conveyancing, the drawing up of wills, and other legal matters
Instruct barristers and represent clients in some courts
Describe the Donohue v Setevenson (1932) case?
Mrs Donoghue drank a bottle of ginger beer in a café.
A dead snail was in the bottle.
She fell ill, and she sued the ginger beer manufacturer, Mr Stevenson.
Law of Caveat Emptor-‘buyer beware was overturned and is now ‘duty of care’
Describe the Grant v Australian Knitting Mills (1936) case?
Grant got dermatitis from a pair of underwear that he bought and sued the manufacturer.
Manufacturer had negligently left a chemical in the material.
Court referred to the Donohue v Stevenson case
Court decided that manufacturer owed a ‘duty of care’ to Grant.
First case of negligence in Australia.
Describe the Mabo v Queensland (1992) case?
Precedent from 1788 to 1992-‘Terra Nullius’
Mabo appealed to the high court to overturn the precedent.
Common law title-prove you have continuously used the land.
High court gave a new form of title-‘Native Title’
Mabo showed that precident can be overturned and common law is flexible and can change with society’s values.
