Legal Studies Terminology

2025 Semester 1 Exams

The Rule of Law

Nobody is above law, everybody abides by it with no exceptions. For the purpose of Justice & Fairness.

Principles of Criminal Liability

1. Age of criminal responsibility

2. Open, independent, and impartial judiciary

3. Right to a fair and prompt trial

4. Presumed innocent until proven guilty

5. Strict liability crimes

6. Burden of proof & standard of proof

The Rule of Law

Nobody is above law, everybody abides by it with no exceptions. For the purpose of Justice & Fairness.

Principles of Criminal Liability

1. Age of criminal responsibility

2. Open, independent, and impartial judiciary

3. Right to a fair and prompt trial

4. Presumed innocent until proven guilty

5. Strict liability crimes

6. Burden of proof & standard of proof

Characteristics for an Effective Law

1. Known to the public

2. Enforceable

3. Accepted by the community

4. Stable, but changeable

Two Main Functions of the Law

1. Social cohesion

2. Social progress

Two Necessary Elements to Convict Someone

1. Mens rea - Guilty mind

2. Actus reus - Guilty act

Participants in a Crime (List)

1. Principal in the first degree

2. Principal in the second degree

3. Accessory before the fact

4. Accessory after the fact

Role of the Jury (Criminal Trial)

To hear both arguments of the case and determine whether the accused is guilty or not guilty. Must be an unbiased and unanimous decision.

Number of People in Jury (Criminal Trial)

12

Through What are Jurors Picked

The electoral role.

What do the three symbols on Lady Justice represent?

1. Scale = fairness, equality

2. Sword = punishment, retribution, justice

3. Blindfold = impartiality

Crimes Against the Person

The criminal offences which usually involve bodily harm, the threat of bodily harm, or other acts committed against the will of the individual.

Crimes Against the State

Criminal acts against the government.

White Collar Crime

Financially motivated, non-violent, crimes done by business or government officials.

Indictable Offence

More serious offences, heard before a judge and jury in the Supreme Court

Summary Offences

Minor crimes heard in Magistrate’s Court

Legal Causation

To determine the significance & foreseeability of the harm caused by the defendants action.

Strict Liability Crimes

Crimes which have no necessity to prove Mens Rea. (eg. traffic offences, serving alcohol to minors…)

Crime

An act or omission which offends against an existing law, is harmful to an individual or society as a whole, is punishable by law.

Blue Collar Crime

Crimes committed by lower class persons.

Organized Crime

Crime that is committed by a powerful, organized, group of individuals, often on a large scale.

Juvenile Crime

Crime committed by minors

Omission

The act of unlawfully not doing something (eg. concealing the birth of a dead child)

Age of Criminal Responsibility

The minimum age of which a person may be held criminally responsible.

Presumption of Innocence

A person must be presumed innocence until they are proven innocent in a court of law to maintain equality.

Standard of Proof

Guilty Beyond Reasonable doubt. (it is unlawful for a juror to vote for a guilty verdict if they hold any amount of reasonable doubt)

Doli Incapax

The legal principle which regards the assumption that a minor between the ages of 10 and 14 does not have mental capacity to commit a crime. This principle can be overturned if it is proven that the child had mischievous disposition, and the knowledge that what they were doing was wrong.

Complete Defence

Defences that provide justification which excuses the defendants action. Results in acquittal.

Partial Defence

Defences that excuse the defendants actions to a degree.

Results in reduced charge or sentence.

Self-defence

Complete defence,

The accused must admit both mens rea and actus reus, it must be deemed that a reasonable person would have used the same force applied when in the same situation.

All or nothing: jury can either find accused guilty or acquit.

Insanity / Mental Illness (Defence)

Complete Defence

The defendant did not have mens rea at the time of the crime as a result of mental illness. It is the responsibility of the prosecution to prove that the defendant was of sound mind at the time. The court is required to acquit the defendant and send them to be under supervision in a mental health facility if it accepts the defence of insanity.

Compulsion (Defence)

Complete Defence

Accused first admits actus reus and mens rea, then claims that they were forced to carry out the crime.

1. Necessity is when the crime committed is not as bad as the possible outcome

2. Duress is when the accused claims they were forced to commit a crime against their will, the jury must be satisfied that the threat was reasonable enough to force them to commit the crime

Consent (Defence)

Complete Defence (however it is not an absolute defence in relation to murder)

Most commonly used in sexual assault cases

Provocation (Defence)

Partial Defence

The actions of one person caused the other to lose control of their actions. This is on the grounds that an ordinary person would have also been provoked, and that the victim provoked the accused.

Diminished Responsibility (Defence)

Partial Defence

This defence is easier to prove than insanity, as it exists when a person suffers an abnormality of mind, impairing their mental responsibility.

Parsimony

Taking extreme care when sentencing.

1. If there is a choice of punishment, the judge should choose the least severe sentence option

2. The most straightforward solution must be chosen when sentencing

What must judges consider when deciding what sentence to impose?

1. Current sentencing practice

2. Type of offence & how serious

3. Offender’s degree of responsibility and culpability

4. Impact on victim

5. Aggravating or mitigating factors

List the purposes of sentencing

1. Fair punishment

2. Protect the community

3. Deterrence

4. Denunciate

5. Rehabilitation

Where is sentencing law found?

1. Sentencing Act

2. Precedent / Common law (previous court judgements)

3. Various Acts and Regulations

Types of sentences

1. Imprisonment

2. Periodic detention

3. Drug treatment order

4. Suspended sentence of imprisonment

5. Community correction order

6. Fine

Victim Impact Statements

A victim of the offence may make this when the offender is found guilty. This statement contains details of injury, loss, or damage suffered by the victim directly caused by the offence.

Cumulative Sentence

Sentences for two or more crimes which run one after the other.

Concurrent Sentence

Sentences for two or more crimes that run at the same time.

The Head Sentence

The sentence given for each crime before a non-parole period is set.

The Total Effective Sentence

The total sentence for all crimes once they have been made either cumulative or concurrent.

Non-parole Period

Period of which the offender has to serve in prison before they are eligible for parole.

2 years or more - must be

1-2 years - may be

Less than 1 year - cannot be

Parole

The release of a prisoner before the end of a sentence, subject to certain conditions, in order to help him or her settle back into the community.

Who makes the law?

Parliament

Who interprets the law?

Courts

Who puts laws into operation?

Government

When is a jury used?

Criminal trials and Civil disputes

Who has the right to challenge jurors?

Both the prosecution and the defence.

Number of people in a jury (Civil Dispute)

4-7

Purpose of questionnaire (perspective jurors complete)

To assist jury administration determine juror eligibility.

Who is ineligible to be a juror?

1. Convicted criminals

2. People on remand

3. Certain legal or public service professions.

Why might a juror be exempt from jury service?

1. Medical reasons

2. Undue hardship

3. Serious inconvenience to the person

Peremptory Challenge

The denying of a juror.

Role of the Jury (Civil Dispute)

The jury determines who wins the trial and the compensation which the winner should receive.

Role of the Foreperson

The foreperson is the spokesman for the jury, elected by the jurors.