intro to vce hums - legal studies

Difference between criminal and civil law?

Criminal law deals with offenses against the state or public, while civil law focuses on disputes between individuals or organizations regarding rights and obligations.

What is the burden of proof in criminal law?

Falls on the prosecution who must prove the accused is guilty beyond a reasonable doubt

What is the burden of proof in civil law?

Falls on the plaintiff who must prove they are liable more likely than not.

What does doli incapax mean?

‘incapable of evil’/incapable of crime

What is doli incapax and when does it apply?

Legal presumption that a child is not criminally responsible for their actions, applies between 10-13 and makes the prosecutor prove the child understood their crime

Concerns with the age of legal responsibility?

Brain development and understanding, high rates of Indigenous children in justice system

What is the legal definition of murder?

The unlawful killing of another person with malice aforethought, caused by a person the age of discretion and of sound mind.

What are the elements of murder? (6)

• Unlawful killing

• Victim was human

• Accused was at least 10

• Accused caused the victim’s death (cannot be break in chain of events)

• Accused was of sound mind

• Malice aforethought (intent to kill)

What are the defences to murder? (8)

• Self-defence

• Mental impairment

• Duress

• Sudden emergency

• Intoxication

• Automatism

• Accident

• Provocation (only partial defence)

Steps of a police investigation? (7)

• Crime is reported

• Victims/witnesses make a statement

• Police collect evidence

• Police get information about evidence

• They lay charges

• Summary vs indictable offences (summary less serious indictable more serious)

• Bail + remand (bail = released until court case)

Difference between summary and indictable offence cases?

Summary - held in magistrates’ court, not as serious

Indictable offence - held in county/supreme courts, serious

What is cybercrime?

Crimes directed at computers or where computers are an integral part of the offence

What are 3 types of cybercrime?

Ransomware - locks up files so user cannot access them

Data breaches - personal info is exposed

Phishing - malicious links in emails like scams

What are sanctions?

Measures put in place during a situation of international concern. Include targeted financial sanctions and restrictions on goods + services from a region.

What is the aim of sanctions?

To limit consequences of international issues and resolve the situation without force

What are the types of sanctions?

United Nations Security Council sanctions - imposed by UNSC, Australia must follow them

Autonomous sanctions - imposed by Aus government due to Aus foreign policy

What are sanction offences?

Offending a sanction measure, giving misleading information, and failing to comply with document requests.

What is the High Court?

The highest court in Australia with 7 Justices

What is the function of the High Court? (3)

• Interprets Australian law

• Decides cases of federal significance, especially constitutional challenges

• Hears appeals from federal, state and territory courts

What are the types of High Court cases? (3)

Constitutional - interpreting the meaning of the Constitution

Appeals - highest court of appeal

Major public importance - eg. landmark legal principles/overturning previous decisions

What is the High Court’s importance?

Sets legal precedents, shapes the way laws are interpreted, landmark decisions

What is actus reus?

‘the guilty act’ - The act of committing a crime

What is mens rea?

‘guilty mind’ - The intent to commit a crime