Unit 1: Legal Foundations and Criminal Law

(Topics 1/2)

What is the standard of proof in a criminal case?

Beyond reasonable doubt

Who has the burden of proof in a criminal trial?

The prosecution

What is the main difference between burden and standard of proof?

Burden = who must prove; Standard = how much evidence is needed

What does the court hierarchy allow for?

Appeals, specialisation, and application of precedent

What is jurisdiction?

A court's legal authority to hear a case

What is common law?

Law made by judges through decisions (precedent)

What is statutory law?

Law made by parliament (legislation)

Name 3 key sections of the Constitution and their purpose

s51: Powers of federal parliament

s109: Federal law overrides state law

s128: Changing the Constitution (referendum)

What is customary law?

Traditional laws of Aboriginal and Torres Strait Islander peoples

What is native title?

Legal recognition of Indigenous peoples' land rights

What's the main difference between criminal and civil law?

Criminal: Offences against the state

Civil: Disputes between individuals

What is murder?

Unlawful killing with intent or reckless indifference to life

What is manslaughter?

Unlawful killing without intent, due to negligence or other factors

Key difference between murder and manslaughter?

Murder = intent, Manslaughter = no intent

What are summary offences?

Minor offences heard in the Magistrates Court (e.g. traffic)

What are indictable offences?

Serious offences (e.g. murder), often require a jury trial

What is the Criminal Code Act 1899 (Qld)?

The main source of criminal law in Queensland

What is the Police Powers and Responsibilities Act 2000 (Qld)?

Sets out police powers like search, arrest, and detention

What is the doctrine of precedent?

Lower courts must follow decisions of higher courts in similar cases

What is the separation of powers and its purpose?

Division of power into:

Legislature (makes laws)

Executive (enforces laws)

Judiciary (interprets laws) - It prevents abuse of power.

What makes a law just and equitable?

It's fair, impartial, and considers individual situations

Name three features of an effective (just) law.

Known and understood

Stable and consistently applied

Enforceable and protects rights