Unit 1 Legal Studies Exam revision

What is social cohesion?

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

How do laws assist in achieving social cohesion?

Laws define acceptable behavior, apply to everyone, and provide mechanisms for resolving disputes.

What differentiates laws from non-legal rules?

Laws are made by law-making bodies and are enforceable by the legal system, whereas non-legal rules are not.

What role do individuals play in social cohesion?

Individuals must follow the rules and be aware of the laws that apply to them.

What is the legal system composed of?

The legal system consists of people, institutions, and methods that make, administer, and enforce laws.

What is the principle of fairness in the justice system?

Fairness ensures all individuals can participate in the justice system and that processes are impartial.

What does equality mean in the context of justice?

Equality means all individuals are treated the same under the law, with no one above the law.

What is the principle of access in the justice system?

Access means all people should be able to engage with the justice system on an informed basis.

What characteristic of law reflects society's values?

Effective laws align with the moral, ethical, and social standards of the community.

Why must laws be enforceable?

If laws are not enforceable, they are unlikely to be followed, relying on moral duty instead.

What does it mean for a law to be clear and understood?

Laws must be written clearly so that people can understand and follow them.

Why is stability important for laws?

Laws must remain stable to be effective; frequent changes can lead to confusion.

What is the role of Parliament in the legal system?

Parliament represents the people, forms government, holds it accountable, debates issues, and makes laws.

What is the process of how a law is made?

1. Executive government decides policy and drafts a bill. 2. Bill is considered by both houses. 3. If passed, it receives Royal Assent. 4. Bill becomes an Act of Parliament.

What is the main role of the courts?

The courts decide cases, apply and interpret the law, and may develop new legal principles.

What is statutory interpretation?

Judges interpret statutes to apply them to cases, giving meaning to words or phrases.

What is abrogation in legal terms?

Abrogation is the act of Parliament canceling or overriding laws created by courts.

What is codification?

Codification is the process of arranging laws or rules according to a system or plan.

What does 'obiter dictum' refer to?

Obiter dictum refers to comments made by a judge that provide context to a legal decision.

What is statute law?

Statute law is the collective term for all laws made by Parliament, also known as Acts of Parliament.

What is the significance of the phrase 'no one is above the law'?

It emphasizes that all individuals, including government officials, are subject to the law.

What does the term 'tribunal' refer to?

A tribunal is an informal court designed for smaller cases, making it cheaper and easier to resolve disputes.

How does the legal system ensure accountability?

The legal system operates independently to ensure fair and democratic governance.

What is the burden of proof in criminal cases?

The burden of proof rests on the prosecution, requiring them to prove the accused committed the crime beyond reasonable doubt.

What is the standard of proof in criminal cases?

The standard of proof is a high threshold that the prosecution must meet in criminal cases.

What does it mean for laws to be known?

Society must be well-informed about laws, with sufficient time given for people to understand any new or changed laws.

What is common law?

The collective name for all laws made by the courts, also known as case law or judge-made law.

What is a bill?

A proposal for a new law or a suggested change to an existing one that must pass through the lower house and upper house before receiving royal assent.

What is precedent?

A principle of law created by the courts when resolving cases, which may be used as binding in similar future cases.

What does 'ratio decidendi' refer to?

The legal reasoning for a decision that may be used as a binding precedent in similar cases.

What is the purpose of court hierarchy?

To rank courts in order of seriousness and authority, determining which cases they hear and allowing for appeals to higher courts.

What is the original jurisdiction of the High Court of Australia?

Hears federal matters and disputes between states, but has no original jurisdiction at a state level.

What types of cases does the Supreme Court (Trial Division) hear?

Most serious indictable offences, such as murder and treason, and complex civil cases with unlimited monetary claims.

What is the appellate jurisdiction of the County Court?

Hears appeals from the Magistrates' Court against conviction or sentences.

What is the definition of an indictable offence?

Serious crimes, such as murder or robbery, usually tried before a judge or jury.

What is a summary offence?

Minor crimes, such as traffic offences, heard in the Magistrates' Court without a jury.

What is the burden of proof in criminal law?

The responsibility of the prosecution to prove the facts of the case beyond reasonable doubt.

What is the standard of proof in civil law?

The balance of probabilities, requiring the plaintiff to prove their version of the facts is more likely true.

What is a tort?

A civil wrong that interferes with a person's legally protected interests.

Who is the plaintiff in a civil case?

The party that initiates a civil claim against another person in court.

What is a remedy in civil law?

Court orders that aim to correct a civil wrong and return the plaintiff to their previous position.

What does 'alleged' mean in legal terms?

Said, without proof, to have taken place or to have a specified illegal or undesirable quality.

What is negligence?

A failure to behave with a level of care that a reasonable person would have exercised under similar circumstances.

What is defamation?

An area of civil law that aims to protect a plaintiff from having their reputation unfairly damaged.

What is the difference between criminal law and civil law?

Criminal law protects society from harmful behaviors, while civil law protects individuals and entities from loss or suffering inflicted by others.

What is the outcome of a criminal case?

A verdict of guilty or not guilty.

What is the outcome of a civil case?

A verdict of liable or not liable.

What is a committal proceeding?

A preliminary hearing in the Magistrates' Court to determine if there is enough evidence for an indictable case to go to trial.

What is 'special leave' in the context of appeals?

The requirement for a party to seek permission from the High Court before an appeal can be heard.

What is the monetary threshold in civil law?

The limit on the amount of money a person can claim in a specific court, such as $100,000.

What is the role of the prosecution in criminal law?

The party that acts on behalf of the Commonwealth or the state to bring a criminal case to court.

What is the role of the accused in a criminal case?

The party who is charged with a criminal offence.

What is criminal law?

The body of law that defines offenses against the community, regulates the investigation and trial of suspects, and establishes punishments for convicted offenders.

What is the primary aim of criminal law?

To reduce danger and chaos in society and prevent individuals from harm.

What does deterrence of crime refer to?

The prevention of crime by instilling fear of serious consequences for offenders.

What is the presumption of innocence?

The right for all accused persons to be presumed innocent until proven guilty beyond reasonable doubt.

What is the standard of proof in criminal law?

Beyond reasonable doubt.

What are the elements of a crime?

Actus Reus (guilty act) and Mens Rea (guilty mind).

What is Actus Reus?

The physical element of a crime, referring to the actual act or failure to act.

What is Mens Rea?

The mental element of a crime, referring to the intention or knowledge of wrongdoing.

What is strict liability in criminal law?

Crimes that do not require proof of Mens Rea; the act alone is sufficient for guilt.

What is an example of a strict liability offence?

Traffic violations.

What is the age of criminal responsibility in Victoria for children under 10?

Children under 10 cannot be charged with a crime.

What does doli incapax mean?

Incapable of evil; a presumption that children between 10 and 14 cannot form Mens Rea.

What is bail?

The process allowing an arrested individual to be released from custody while awaiting trial.

What are summary offences?

Minor criminal offences usually heard by a magistrate in the Magistrates' Court.

What distinguishes theft from robbery?

Theft is taking property without force, while robbery involves theft through force or intimidation.

What are hate crimes?

Acts of violence motivated by prejudice based on gender, ethnicity, religion, or sexual orientation.

What are white-collar crimes?

Financially motivated, non-violent crimes committed by individuals or organizations for unlawful gain.

What is the role of the prosecution in a criminal trial?

To prove the guilt of the accused beyond reasonable doubt.

What rights does an accused person have during a trial?

The right to silence, a fair trial, and to be informed of charges and evidence against them.

What is the significance of the Magna Carta in relation to the rule of law?

It established the principle that no one is above the law.

What is a vindictive act?

An act showing a strong desire for revenge.

What constitutes a crime against a person?

Criminal offences where a person is harmed or threatened, such as manslaughter and murder.

What constitutes a crime against property?

Criminal offences involving force or deception to obtain, damage, or destroy property.

What is the definition of aggravated home invasion?

A serious crime involving unlawful entry into a home with intent to commit a crime, often with violence.

What is an example of a cybercrime?

Crimes directed at computers or involving the use of computers, such as hacking.

What are indictable offences?

Serious criminal offences usually heard by a judge and jury in the County Court or Supreme Court.

Where are indictable offences typically heard?

In the County Court or Supreme Court of Victoria.

What is the Crimes Act 1958 (Vic)?

Legislation that contains many indictable offences in Victoria.

What are indictable offences that can be heard summarily?

Certain offences that can be heard in the Magistrates' Court without a jury, as listed in the Criminal Procedure Act 2009 (Vic).

What is the maximum penalty for offences heard summarily?

Punishable by not more than 10 years' imprisonment or a fine not greater than 1200 penalty units ($190).

What are the advantages of hearing indictable offences summarily?

Cheaper and quicker trials.

What are the disadvantages of hearing indictable offences summarily?

No trial by jury and lower maximum penalties.

Who is considered a principal offender?

The individual who actually commits the offence or is directly involved in its commission.

What is an accessory in criminal law?

A person who helps prevent the arrest or punishment of someone guilty of a serious indictable offence.

What constitutes murder?

The voluntary causing of death of another person with malice aforethought and without lawful excuse.

What are the four elements of murder?

1. Voluntary act (actus reus), 2. Cause of death (actus reus), 3. Malice aforethought (mens rea), 4. No legal justification (mens rea).

What does 'malice aforethought' mean?

The intention to kill or cause serious injury, or recklessness regarding the likelihood of death or serious injury.

What is causation in murder cases?

The requirement to prove a direct and unbroken link between the accused's actions and the victim's death.

What is the substantial and operating cause test?

A test used to determine if the accused's actions were a significant cause of the victim's death.

What is the natural consequences test?

A test used when the victim's actions, out of fear or self-preservation, result in their death.

What is self-defense in relation to murder?

A legal defense allowing a person to cause death to prevent unlawful harm to themselves or others.

What is duress as a defense?

A defense claiming that the accused committed a crime due to threats or coercion from another party.

What is the defense of intoxication?

A defense arguing that the accused was unable to form mens rea due to being under the influence of drugs or alcohol.

What is automatism as a defense?

A defense claiming that the accused was in a state of automatism and could not form the necessary mens rea.

What is mental impairment in criminal law?

A defense where the accused did not understand the nature or quality of their actions due to a mental condition.

What is the mental impairment defense in criminal law?

If an accused was suffering from a mental impairment at the time of the offense, they may not have known the nature or quality of their actions.

What is the standard sentence for murder?

25 years, which is for 'middle of the range of seriousness' offending.

What is the sentence for murder if the victim was a custodial officer or emergency worker on duty?

30 years.