LEGAL
1A
Social cohesion and the rights of individuals is the cooperation of individuals to survive and thrive
Legal and non legal laws
Non legal laws are group or individual made rules that are not enforced by the legal system
Legal laws are enforced by the legal system
Legal system [separation of power closed bracket
Parliament makes laws
Government administers laws
Courts enforce laws next
Individual plus laws plus legal system equals social cohesion and protection of rights
Voting is mandatory
Laws attempt to keep social cohesion
And discourage crime.
Human rights in the constitution
Vote
Religion
Fair trials
Trade
No discrimination
The spirit of the law is what the law means the intent of which the law was written opposing the word of law
Common law is judge made laws in court
1B with principles of justice
Fairness is the ability for all to participate in the open and impartial legal system process example matters are decided by an unbiased third party [judge, magistrate or jury
Participation that's what the quality is anyone engaging with the justice system are treated the same way or also aiding those who need it to create a system without disparity or disadvantage
When forcing right to silence you only need to say your name and address
Access physical and intellectual access to the court so that everyone can participate
Courts enforce, protect rights, interpret the law, enforced punishment
Liability is the extent of blame you carry
Formal equality is giving everyone the same amount of resources
Substantive equality is treating put differently to achieve the same result
1C characteristics of effective law
Reflect society's values at the time
Laws must be enforceable
Laws must be known
Must be clear and understood
Laws must be stable
People are more likely to follow laws if they were flecked community values
Rules are more likely to be followed if they are constant and unchanging
Laws must be punishable
13th person rule is the rule that only allows 12 jurors in the jurors room
1D quartz and parliaments in lord
Statutory interpretation is judges interpretation of the law
The roles of parliament R2 represent people next line to form government next line to hold government to account next line to debate issues next line to make laws next line to establish courts next line to set jurisdictions
Government doesn't make laws the whole parliament does parliament is bicameral parliament it is made up of the lower house the House of Representatives [green]
Upper house the House of Senate [red ]
Judges can make comments on law to influence parliament courts can develop those
Stages of a bill 1 intro next line to second reading where the bill is explained debated and voted
3 committee stage detailed look
For third reading voted in final form
5 bill passes first house
6 goes through 2nd house
7 the bill is passed
8 royal assent governor general
9 proclamation act comes into operation
10 act becomes law
courts 3.5
Victorian court hierarchy
High Court of Australia. Federal . interprets the constitution
Supreme Court is made up of a Court of Appeals or the trial division the child division is the first one to see a case.
County court deals with serious crimes
Magistrate Court deals with minor crimes here's case is up to $100,000 they also hear failed hearings and pre trials
Statute law is a law made by parliament
Specialist courts
Koori court is a specialist aboriginal court
Children's court accommodates and protects children during trials
Coroner's court deals with suspicious deaths and fires
The doctrine of precedent where a High Court makes a ruling that all lower courts then have to follow on similar trials this is also known as binding precedent
Guiding precedent that judges should try and make similar decisions
Reasons for CTS
1 specialisation each court becomes experts in their jurisdiction next line to admin convenience, time and resource allocation
3 appeals
For the doctrine of president, making courts consistent and predictable
Ratio decidendi= the principal a case establsiehs.
To adjourn = set a case for later date.
Appellate jurisdiction = hearing a case on appeal
Common law AKA case mad / judge made law= laws mad eby courts
3.7 criminal law and civil
Criminal law intends to protect govern, punish slash sanctions, between individuals and state, prohibits behaviours,
Permission is the attempt to break law next line in citations R symbolises the crown
Statutes to remember
Crime fact [1958]
Summary offences act [1966 closed bracket
total is defamation negligence trespassing and nuisance
Criminal law protects ,establish , the relationship between the individual and the state, as well as outlining sanctions
Civil law includes individuals rights business right, restores those whose rights have been infringed to their previous state
No sanctions only damages
Contract law
Private law no state or police prosecution
Sources of law parliament [statutory]
Constitutional
Common law
Types of law criminal and civil
Criminal laws purpose is to protect social cohesion
The party bringing the case in criminal law is the prosecution
The party defending a case in criminal law is the accused
In criminal law prosecution bears burden of proof
In criminal law the standard of proof is beyond reasonable doubt
In criminal law decision is guilty or not guilty
Outcome in criminal law is sentence or sanction next line in civil law the purpose is to help people to seek compensation
in civil law the planttiff is the party bringing the case
In civil law the standard of proof is the balance of probabilities NYU line in civil law the decision is liable or not liable knew line in civil law the outcome is the liable personnel is required to remedy the situation
Relationships 3.6 between parliament and courts
Main features of relationships
Interpretation
Code ification of common law
Aggregation of common law
Ability of course to influence parliament
To codify is to put something in statute law to collect all laws on one topic together into a single statute
Aggregation is taking away one of the interpretations over law to abolish or to cancel a law
Precdent
Finding his mandatory following of higher authority within jurisdiction
Persuasive is not from higher all the time not mandatory
Guiding influencing decision
Doc trine quote follows other courts decision
fairness open and impartial participate
4.1 proving guilt
Purposes of criminal law
Protecting individual by stablishing cryman process
Protecting property private, public, trespass, stealing
Protecting society setting clear standards. Public order and community safety
Protecting justice provide process enforce stop revenge
Criminal law defines outline sanctions
4.2 presumption of innocence
Beyond reasonable doubt
Standard of proof the degree or extent in which case is proved to a court
the presumption of innocence is protected by the burden of proof, the standard of proof, police officers
Police officers have to have reasonable belief someone committed a crime before arresting
Wants arrested you you have a right to the opportunity of bail and legal representation and silence and appeal
Trial can be adjoined until supplied
Previous crimes cannot be brought up in trial
Burden of proof is the obligation to prove a case unfolds to be initiated
4.3 key concepts of criminal law
actus reus= guilty act
Mens rea = guilty mind next one strict liability is responsibility without proving examples drunk driving fare evasion no P plates and tattooing a minor however if you provide reasonable reasons you can get leniency
Theft has the elements of dishonesty appropriation and intention
Age under 10 cannot be charged
10 to 13 have to prove Mens Rea a very difficult to charge
14 plus can be charged
Dolli in capax 10 to 14 year old kids cannot do evil or crime
The accused has the right to silence and the presumption of innocence
in strict liability the prosecutor does not have to prove the mental state
4.4
Classification is social purpose and the type of offender slash victim as well as the seriousness
The social purpose slash nature of crime
Who did it hut
Person
Property
Society
Justice system
Perjury is lying in court
Crime stats class
Division a people includes assault homicide manslaughter stroking harassment and threatening
Division B includes property arson property damage burglary breaking and entering theft deception and bribe
Divisions C drugs
division public order terrorism threatening public order
Division E justice offence perjury
division F other protecting rights and culture and improving society includes drunk driving and transport offences travelling without a ticket
Offenders
Cyber [e crimes]
prejudice crimes [hate crime]
Organised [gangs brothel slash business closed bracket
Juvenile [10 to 18 years old]
White colour [government or corporate crime closed bracket
Seriousness
Indictable or summary
4.5 summary of indictable offense.
Summary offence = heard in magistrate court
They include , drunk driving , disordewely conduct and minor assault
They are
- Less comples
Indictable offences
- Serious
- - judege heard
Examples include
- Homicide , driving = death , rape.
THESE ARE INCLUDED IN THE CRIMES ACT
To hear a case summarilrly = to hear with no jury in magistrate court.
Cannot be hear cummarilrily if
- Indictable offence
- Punishable by 10+ years in prison
- Fine greater than 1200 penalty units
4.6 possible particpants in a crime
Princiapla offenedor =
- Anyone involved who carried out actus reaus
Accessorcy = who dose an act to assit someone in a crime the accessory believes they committed.
- Help offecnodr avoid :
n Arrest
n Prosecuriton
n Vonvtiction
Involved in crime when
- Intentionnaly assit , direct , encourage
- Make agreement to commit crime
- Or with the knowledge it would lead to ac rime
General defences to a crime = justification for breakeing the law
- Self defence =belief actions were necessary to protect themselves
- Actions were reasonable response
- Burden of proof falls on prosecution
Menteal imparientment
- Ddiindt know what they wew doing
- Could not reason of rthink about conduct like and ordinary person
Duress=
- Threat of harm
- Whoudl have been carried out if offence wasn’t committed
- Response was resasonable
Sudden or extroaoidnary emergency
- Reaconsaple action resposen
Automatism
- Invoultaitly
- Total loss of control over body
- Not consicious of actions
Intocication
- Alcoal drugs substances
- Have to prove it was not a self induced state
Accident
- Invoultanry
- Unitneitonal reasonably unfoorseeable.
- Exception of strict liablitly
Unfit to stant trial
- Not a defence
- Cant
n Understand nature of charges
n Enter pleas
n Course of trial
n Instruct their lwasyer
Assault
Max penalty = 15 penalty unit 3 months imprisonment
Type
- Negligent , intentonnally recklessly , causing serioud injury
- Assautting/ threatinging to resist arrest
Elements of assault
- Applicationof force or threat ot
- Intentional or reckless
- No jsticfation
7.1 sanctions
There in the
- Common law
- Statute law
DPP= director of public prosecution
Adverse publicity order= company must outline outcome of the case
Fairness= impartial , open process
Acceissed has right o know
- The case put against you
- Evidence
- Impact statement
- To prepare defence
- Examine witness
- Use of lwayer
Plea negoation = prosecution and accused have discussion pre trila attempting to tesolve case by agreeing on criminal charges
EQUALITY = treatment of people
ACCESS = engage and paritcpate in a court system on an informed basis
CLC= community legal center
Enforcers =
- Police
- Worksafe vic
- Local council
AFP = ausstralian federal police
- Offences against commonwealth and state
Delegated bodies = agencys given power to enforce laws
Commonwealth delegated bodis=
- ASIC= AUSTRLIA SECURITY AND INVESMTNET COMMSSION= directors breach duties
- ATO , AUSTRLIANA TAX OFFICE = seroious tac fraud , summary offences
- ACCC, Australian competion and consumer commission= fair trading , product safety regulator.
Don’t need to sya anything but name and address when arrested
- Police can arrest if they reasonably believe the person has committed an indictable offence.
Ressons for courts
n Specialisation
n Appeal
n Doctrine of precedent
n Covinece
Role of courts
- Determine criminal case
- Impose sacncton
Strengths of courts
- Judges , jurires impartial
- Specilised staff
- Formal = fairness
- Appeal
Weakness
- Difficult to understand
- Expensive
- Formal = stress