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What is social cohesion and the rights of individuals?
The cooperation of individuals to survive and thrive.
What distinguishes legal laws from non-legal laws?
Legal laws are enforced by the legal system, while non-legal laws are made by groups or individuals and are not enforced.
What is the principle behind the separation of powers in the legal system?
Parliament makes laws, the government administers them, and the courts enforce them.
What are human rights guaranteed in the constitution?
Vote, Religion, Fair trials, Trade, No discrimination.
What is the spirit of the law?
The intent for which the law was written, opposing the word of law.
What does common law refer to?
Judge-made laws established in court.
What is fairness in the context of justice?
The ability for all to participate in the open and impartial legal system process.
What is the difference between formal equality and substantive equality?
Formal equality gives everyone the same resources; substantive equality treats people differently to achieve the same result.
What must effective laws reflect?
Society's values at the time.
What are the general stages of a bill in parliament?
Introduction, Second reading, Committee stage, Third reading, Passes first house, Goes through second house, Bill is passed, Royal assent, Proclamation act comes into operation.
What is the role of courts?
To enforce, protect rights, interpret the law, and enforce punishment.
What is the purpose of criminal law?
To protect, govern, and punish individuals and behaviors that threaten society.
What is the standard of proof required in criminal law?
Beyond a reasonable doubt.
In civil law, what is the plaintiff's role?
The party bringing the case.
What is the burden of proof in civil law?
The balance of probabilities.
What is the significance of the doctrine of precedent?
It requires lower courts to follow the rulings of higher courts on similar cases.
What does liability mean in the context of law?
The extent of blame a person carries for their actions.
What is the presumption of innocence?
The principle that a person is considered innocent until proven guilty.
What does 'actus reus' refer to?
The guilty act in a crime.
What does 'mens rea' refer to?
The guilty mind or intention behind a crime.
What are the penalties for murder?
Life without parole or a standard penalty of 25 years imprisonment.
What is an accessory in a crime?
A person who assists a primary offender and knows a crime has been committed.
What is the maximum penalty for assault?
15 penalty units or 3 months imprisonment.
What is the duty of police officers before an arrest?
To have a reasonable belief that someone has committed a crime.
What are the characteristics of an effective law?
Reflecting social values, being enforceable, known, clear, stable, and punishable.
What is the distinction between criminal law and civil law?
Criminal law deals with offenses against the state, whereas civil law addresses individual rights and disputes.
What is meant by statutory interpretation?
Judges' interpretation of laws made by parliament.
tort law
negligence law
remedy
addresses legal wrong and provides legal solution for plaintiff.
damages
monetary compensation to attempt to make renew the victim to previous state.
Crimnial law defines behaiours and conducts that are prohibtted , civil adress rights and repsonsablites to rregulate private disputes
what the diffrnce between crimnial and civil law
what is a crime
an act or omission , that is agasint existing law
purposes of criminal law
protect individuals , property , society and justice
how is presumption of innocent protected?
the burden of proof , the standard of proof , police , right to bail , legal rep , the accused has the right to silence , previous conviction cannot be brought up in court , right to appeal
punish , rehab , deterence , protect scoiety , denuciate.
purpouses of sanction
equality
everyone is treated the same unless disparity in that case adaptive measures are taken
access
everyone can interact with the legal system on a informed basis
the purpose of criminal law
to protect , govern and punish indviduals and state