VCE Legal Studies - Unit 1

Flashcards for key vocabulary from Unit 1 of the VCE Legal Studies study design.

Social Cohesion

The willingness of members of a society to cooperate with each other in order to survive and prosper.

Rights of Individuals

Fundamental entitlements that every person is entitled to by virtue of being human.

Principles of Justice

Fairness, equality, and access.

Fairness

Impartial and just treatment or behavior without favoritism or discrimination.

Equality

The state of being equal, especially in status, rights, or opportunities.

Access

The ability to approach or make use of something.

Effective Law Characteristics

Reflecting society's values; is enforceable; is known; is clear and understood; and is stable.

Parliament

A body of elected representatives that makes laws for a country or state.

Courts

Judicial tribunals presided over by a judge or judges in order to resolve disputes and administer justice.

Common Law

Law developed by judges through decisions in courts and similar tribunals.

Statute Law

Laws made by parliament; also known as legislation or Acts of Parliament.

Victorian Court Hierarchy

A structured system of courts in Victoria with ascending levels of authority.

Criminal Law

A system of laws concerned with crimes and their punishment.

Civil Law

The system of law concerned with private relations between members of a community rather than criminal, military, or religious affairs.

Purposes of Criminal Law

To protect society and maintain social order by defining crimes and prescribing punishments.

Presumption of Innocence

The principle that a person is considered innocent until proven guilty.

Actus Reus

The physical element of a crime; the guilty act.

Mens Rea

The mental element of a crime; the intention or knowledge of wrongdoing.

Strict Liability

Offenses that do not require proof of mens rea; the act itself is sufficient to establish guilt.

Age of Criminal Responsibility

The age at which a person is considered legally responsible for their actions.

Burden of Proof

The obligation to prove one's assertion; in criminal cases, it rests with the prosecution.

Standard of Proof

The level of certainty required to prove a case; in criminal cases, it is 'beyond reasonable doubt'.

Crimes Against the Person

Offenses that cause physical harm or threaten to cause physical harm to another person (e.g., murder).

Summary Offences

Minor offenses heard in the Magistrates' Court.

Indictable Offences

Serious offenses that are generally heard in the County Court or Supreme Court.

Principal Offenders

Those who directly commit a crime.

Accessories

Those who knowingly assist an offender after a crime has been committed.

Sanctions

Penalties imposed by the courts on those found guilty of committing a crime.

Institutional Powers

The authority and capabilities held by institutions such as the police.

Individual Rights

The fundamental rights and freedoms to which every person is entitled.

Criminal Jurisdictions

The authority of a court to hear and determine criminal cases.

Purposes of Sanctions

Punishment, deterrence, denunciation, protection, and rehabilitation.

Types of Sanctions

Fines, Community Correction Orders (CCOs), and Imprisonment.

Factors Considered in Sentencing

Aggravating factors, mitigating factors, victim impact statements, etc.