unit 1

studied byStudied by 1 person
0.0(0)
get a hint
hint

The role of individuals

1 / 119

Tags and Description

120 Terms

1

The role of individuals

responsible to ensure that they are aware of the laws and abide by them

New cards
2

The role of law

establish a framework in which people live, set boundaries for behaviour and make choices about how people live

New cards
3

The role of the legal system

set of methods and institutions which makes, administers and enforces law

New cards
4

Social cohesion

the willingness of members of society to cooperate with each other in order to survive and prosper

New cards
5

rule of law

principle that every member of a society, including the ruler or government, must follow the law

New cards
6

principles of justice

fairness, equality, access

New cards
7

fairness

impartial and just treatment or behaviour without favouritism or discrimination

New cards
8

equality

all people should be treated equally before the law regardless of their characteristics or attributes

New cards
9

access

the ability to approach or make use of something. laws and legals should make it possible for people to use their institutions

New cards
10

reflects society's values

laws are constantly in need of modernisation

New cards
11

be enforcable

must be possible to to catch/punish people who disobey the law.

New cards
12

be known

the public must know about the law. 'ignorance of the law is no excuse'.

New cards
13

be clear and understood

the intent of the law must be clear without ambiguity

New cards
14

be stable

must not change constantly

New cards
15

common law

a system of law based on precedent and customs

New cards
16

statute law

Law made by parliament

New cards
17

statutory intepretation

parliament creates statutes and the courts interpret them

New cards
18

codification of common law

parliament can confirm the common law precedent by passing legislation to codify the law into a statute

New cards
19

abrogation of common law

ability of parliament to change or override common law

New cards
20

Ability of courts to influence parliament

Courts can influence changes in the law by parliament through their comments made during court cases.

New cards
21

royal assent

a bill must be signed by the Queen's representative in order for it to become law

New cards
22

Doctrine of Precedent

The common-law principle by which the decisions of higher courts in a hierarchy are binding on lower courts in the same hierarchy where the material facts are similar.

New cards
23

precedent

an example that may serve as a basis for imitation or later action

New cards
24

stare decisis

lower courts should stand by what is decided in higher courts

New cards
25

ratio decidendi

The court's reasoning for its decision.

New cards
26

obiter dictum

A remark made by a judge in passing, which is not binding.

New cards
27

criminal law

a body of law that protects the community by establishing crimes and setting sanctions

New cards
28

crime

an act against the law

New cards
29

sanction

penalty imposed by a court on a person guilty of a criminal offence

New cards
30

the state and accused

parties involved in criminal law case?

New cards
31

the state

who brings the action against the person alleged to have committed the crime. criminal law

New cards
32

the accused

the person the allegations are against. criminal law

New cards
33

charge

When the police formally allege that a person has committed a crime

New cards
34

conviction

when an offender has been found guilty and is recorded in court

New cards
35

assault, murder

example of a crime against the person

New cards
36

theft, property damage

example of a crime against property

New cards
37

illegal drugs, prostitution

example of a crime against morality

New cards
38

perjury, contempt of court

example of a crime against the legal system

New cards
39

treason

example of a crime against the state

New cards
40

civil law

regulates disputes between individuals and groups and enforces rights where harm has occurred

New cards
41

plaintiff

a party who makes a legal claim against another party. civil law

New cards
42

defendent

a party who is alleged to have breached a civil law and who is being sued by a plaintiff

New cards
43

remedy

provide a legal solution

New cards
44

sue

take civil action against another

New cards
45

compensation

what the plaintiff seeks

New cards
46

damages

a civil remedy

New cards
47

civil wrong

A tort is a:

New cards
48

defamation

a civil law, under which a person can claim their reputation has been damaged

New cards
49

tort law

civil law. Involving an act that brings harm to a person or damage to property

New cards
50

family law

civil law. marriage, divorce, adoption, de facto relationships

New cards
51

industrial and workplace laws

civil law. occupational health and safety, working conditions, work contracts, workplace agreements, union disputes

New cards
52

consumer law

civil law. tenancy agreements, sale of goods, advertising laws

New cards
53

property laws

civil law. wills, planning laws, real estate purchases

New cards
54

remedy

the consequence of a civil law:

New cards
55

protect society

aim of criminal law:

New cards
56

regulate conduct

aim of civil law:

New cards
57

when the statute is not clear

when might statutory intepretation occur?

New cards
58

if parliament agrees with common law

when might codification of common law occur?

New cards
59

when common law is interpreted wrong

when might abrogation of common law occur?

New cards
60

when courts are reluctant to change the law themselves

when might the courts influencing parliament occur?

New cards
61

secondary legislation

rules and regulation made by secondary authorities. e.g. local council

New cards
62

Reasons for a court hierarchy

specialisation, appeals, doctrine of precedent, administration convenience

New cards
63

Purpose of Criminal Law

to protect society and sanction offenders

New cards
64

Prosecution

represent the state of Victoria

New cards
65

Accused

person charged with the offence

New cards
66

Presumption of Innocence

ight of a person accused of a crime to be not guilty/ innocent until proven otherwise, beyond reasonable doubt

New cards
67

Standard of proof

the extent to which a case must be proved

  • standard of proof is beyond reasonable doubt

New cards
68

How the presumption of innocence is protected

  • a person who has been arrested or charged has the right to apply for bail

  • accused has the right to silence

  • accused previous conviction convictions cannot be revealed in court

New cards
69

Bail

the release of an accused person from custody on condition that they will attend a court hearing to answer the charges

New cards
70

Remand

alternative to bail where the accused awaits in jail

New cards
71

Crime

an act or omission that breaks a law, harms others and is punishable by law

New cards
72

Actus Reus

"a guilty act" the physical element of a crime

  • ie. stabbing a person

New cards
73

Mens Rea

"a guilty mind" mental element of a crime

  • ie. why they stabbed a person

New cards
74

Strict Liability

offences that do not have a mental element and thus do not require mens rea

New cards
75

Example of strict liability

summary offences ie. consuming alcohol while driving

New cards
76

Burden of Proof

responsibility to prove allegations made in a case

New cards
77

Who holds the burden of proof

  • held by party who brings the case to court

  • in criminal law this is the prosecution

  • burden of proof can be reversed so the accused holds the responsibility

New cards
78

Standard of Proof

strength of evidence needed to prove a legal case

New cards
79

Beyond reasonable doubt

standard of proof in a criminal case

  • proved by prosecution

  • refers to that there must be no doubt that the accused is guilty

  • very high

New cards
80

Age of Criminal Responsibility

minimum age a person must be charged with committing a crime

  • 10 years old in Australia

New cards
81

Doli Incapax

principal that states that a child ages between 10 and 13 years is presumed to be incapable of forming mens rea

New cards
82

Ways crime can be classified

social purpose, type of offender or victim and seriousness of offence

New cards
83

Why are crimes classified

allows for the level of crime in the community to be tracked and to establish a level of consistency which upholds principal of fairness

New cards
84

Social Purpose types and examples

Crimes against the person (section A): homicide and sexual assault Crimes against property (section B): arson and property damage Drug Offences (section C): deal and trafficking drugs Public Order and security offences (section D): weapons and public security offences Justice procedures offences (section E): perjury Other offences (section F): driving offences

New cards
85

crime categories

cyber crime, organised crime, hate crime, juvenile crime, white collar crime

New cards
86

Cyber Crime

criminal offence in which the use of computer or information communication technology's (ICT) is an essential and central part of the offending

New cards
87

Hate Crime

a criminal offence motivated by hostility and prejudice to the victim ie. race

New cards
88

Organised Crime

criminal offence undertaken in a planned and ongoing manner by organised syndicate or gangs

New cards
89

Juvenile Crime

a criminal offence undertaken by a young person aged between 10-18

New cards
90

White-collar crime

criminal offences undertaken by people who work in the government, businesses or in the corporate world

New cards
91

The seriousness of the offence

two levels of offences

  • indictable offence

  • summary offence

New cards
92

Why is it important the crimes are classified by seriousness

provide people certainty on where their cases will be heard

New cards
93

Indictable offences

serious crimes heard in the country court

New cards
94

Indictable Offences criteria

  • crimes against the state (Crimes Act 1958)

  • heard in county courts or supreme courts

  • jury involved

  • "Trial"

  • e.g. rape, manslaughter and rape

New cards
95

Indictable offences heard summarily

a serious offence that can be heard and determined as a summary offence if the court and the accused agree

New cards
96

Indictable offences heard summarily criteria

  • magistrate decides if the case is heard summarily

  • heard by Magistrates court

  • court and accused must agree

  • Under Criminal Procedure Act (2009)

New cards
97

Benefits of Indictable offences heard summarily criteria

  • quicker and cheaper process

  • accused may get a lesser sanction due to maximum prison terms magistrate can impose (10 years)

New cards
98

Summary offences

minor crimes heard by magistrate court

New cards
99

Summary offences criteria

  • heard in magistrate court

  • no jury

  • "hearing"

  • e.g. drink driving and minor assaults

New cards
100

Principal Offender

person who committed the offence and has the actus reus and men's rea

  • any other person involved in the crime is also treated by the law as if they committed the crime ie. can be more than two principal offenders

New cards

Explore top notes

note Note
studied byStudied by 37 people
Updated ... ago
4.0 Stars(1)
note Note
studied byStudied by 22 people
Updated ... ago
5.0 Stars(1)
note Note
studied byStudied by 4 people
Updated ... ago
4.0 Stars(1)
note Note
studied byStudied by 5 people
Updated ... ago
5.0 Stars(1)
note Note
studied byStudied by 4 people
Updated ... ago
5.0 Stars(1)
note Note
studied byStudied by 9 people
Updated ... ago
5.0 Stars(2)
note Note
studied byStudied by 5250 people
Updated ... ago
4.8 Stars(42)
note Note
studied byStudied by 18 people
Updated ... ago
5.0 Stars(1)

Explore top flashcards

flashcards Flashcard56 terms
studied byStudied by 64 people
Updated ... ago
5.0 Stars(1)
flashcards Flashcard54 terms
studied byStudied by 6 people
Updated ... ago
5.0 Stars(1)
flashcards Flashcard30 terms
studied byStudied by 14 people
Updated ... ago
5.0 Stars(1)
flashcards Flashcard182 terms
studied byStudied by 3 people
Updated ... ago
5.0 Stars(1)
flashcards Flashcard88 terms
studied byStudied by 4 people
Updated ... ago
5.0 Stars(1)
flashcards Flashcard53 terms
studied byStudied by 20 people
Updated ... ago
5.0 Stars(1)
flashcards Flashcard39 terms
studied byStudied by 4 people
Updated ... ago
5.0 Stars(1)
flashcards Flashcard45 terms
studied byStudied by 11 people
Updated ... ago
5.0 Stars(1)