the ability for a person to do certain things under the law
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Doli incapax
a latin term meaning 'incapable of wrong'; the presumption that children under a certain age cannot be held legally responsible for their actions, therefore cannot be guilty of an offence
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Anarchy
not enough rules, and a lack of law enforcement and government which results in a state of chaos and disorder. violence and looting occur and no control over citizens. E.g. 2005 Cronulla Riots
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Tyranny
too many laws, the rule of a single leader with unlimited power. E.g. Hitler in Nazi Germany
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Australian Law Origins
laws brought by British settlers, laws from Indigenous Australias prior to settlement
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Aboriginal customary law
a complex set of rules that outlined the correct and/or appropriate way of living
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Kinship
a system of values and culture, unable to be separated from the land
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Local Court
lowest level, one magistrate and no jury. summary offences, cases up to $100,000, committal hearings.
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Coroner's Court
Same level as the local court. cases that investigate causes of unexplained/suspicious deaths, and deaths caused by fire.
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Children's Court
Same level as the local court. summary and indictable offences for under the age of 18 except murder.
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District Court
Intermediate court. Judge and jury (judge decides sentence, jury decides verdict). Summary and indictable offences, appeals from Local Court
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Supreme Court
Highest Court in NSW. cases over $750,000, hears appeals from District Court
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High Court
Highest Court in Australia. Hears cases about interpreting the constitution and laws. Judges are called justices, no jury
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Family Court
Resolves family matters such as divorce, custody cases and the division of property upon separation
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Drug Court
Helps drug offenders in being free of their substance abuse and gaining employment
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Appellate jurisdiction
the power of a court to hear appeals from lower court cases if the original jurisdiction is not accepted
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Judge
listens to arguments, decides sentece
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Jury
Anyone on the electoral roll, decides the verdict of the case
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Prison officer
from the prison where the accused is held, for supervision
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Accussed
the person who is on trial for a cime
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Media
observes proceedings and reports it
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Prosecution
convinces the jury that the accused is guilty
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Defence
represents the accused, argues to prove their client is innocent or to lessen the sentence
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Witness
gives evidence to support an argument or for extra information
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Common law
Law made by judges when there is no existing law or previous decision on the case. Binding on future cases
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Precedent
The expectation that everyone is treated the same to achieve fairness and justice
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Purpose of precedent
promote consistency and fairness in decision making
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Statutory interpretation
how courts and judges interpret the words in law made by Parliament. Once the judge interprets it, it is law and must be followed by lower courts.
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Donoghue vs Stevenson
the established modern law of negligence and the principle of duty of care
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Statute Law
Law made by Parliament, involves parliament passing a bill, succeeds over common law
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Constitution
a document that outlines the parliament's powers
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Role of the constitution
provides a framework for government and law, outlines the power of each court
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Criminal law
an act or omission against that community that is punishable by the state
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Indictable offences
a major crime tried by a judge and jury in District or Supreme Court. e.g. murder, armed robbery
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Summary offences
a minor crime that is tried by a magistrate in Local Court. e.g. speeding, low-range drink driving
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Actus reus
a latin term meaning 'guilty act'. must prove the act occurred and was committed voluntarily by the accused
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Mens rea
a latin term meaning 'guilty mind'. must prove intent, recklessness and/or criminal negligence
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Standard of proof
on the prosecution, proof beyond reasonable doubt
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Burden of proof
on the prosecution, prove with evidence that the accused committed the crime
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Bond
the offender is on good behaviour, or they forfeit a sum of money and tried for the original and any new offences
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Role of the police
uphold the law and promote a safe and orderly society
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Role of the NSW police
to work with the community to reduce crime and violence and improve public safety.
Studied by 16 people
Note 
Flashcard (48)