yr10 legal studies
đźź© Legal Studies Flashcards
Bill
A bill is a proposed law presented to Parliament for debate and approval. If passed by both Houses and given Royal Assent, it becomes an Act of Parliament.
Criminal law
Criminal law deals with acts or omissions that are against the law and harmful to society. Its aim is to punish offenders and protect the community.
Civil law
Civil law deals with disputes between individuals, groups, or organisations over rights infringements. It aims to restore the injured party, usually through compensation.
Social cohesion
Social cohesion refers to the willingness of members of a society to cooperate with each other to survive and prosper. Laws promote it by defining acceptable behaviour.
Parliament role
Parliament is the supreme law-making body that creates, amends, and repeals laws. It represents the people and ensures laws reflect societal values.
Plea hearing
A plea hearing occurs when an accused person pleads guilty, and the court decides an appropriate sentence after submissions from both sides.
Trial
A trial is a formal judicial examination of evidence and legal claims in a court of law to determine guilt or liability.
Sentencing factors (Mitigating / Aggravating)
Mitigating factors reduce a sentence (e.g. remorse), while aggravating factors increase it (e.g. violence, lack of remorse).
Consumer law
Consumer law protects the rights of consumers and ensures businesses act fairly, including refunds, guarantees, and product safety under the Australian Consumer Law.
Prosecution
The prosecution is the party that brings a criminal case against the accused on behalf of the state or Crown.
Defendant
The defendant is the person accused of committing a crime or the party being sued in a civil case.
Plaintiff
In a civil case, the plaintiff is the person who brings legal action against another party for causing harm or loss.
Legal damages
Legal damages are monetary compensation awarded to a plaintiff in a civil case to restore them to their original position before harm occurred.
Negligence
Negligence occurs when a person fails to take reasonable care to avoid causing harm or loss to another, requiring duty, breach, and damage.
Crime
A crime is an act or omission that is against the law, harmful to society, and punishable by the state.
Summary offences
Minor criminal offences heard in the Magistrates’ Court without a jury, such as traffic violations or minor theft.
Indictable offences
Serious criminal offences heard in higher courts before a judge and jury, such as murder or rape.
Parole
The conditional early release of a prisoner after part of their sentence is served, under supervision.
Non-parole period
The minimum time an offender must serve in prison before being eligible to apply for parole.
Culpable driving causing death
When a driver causes death through reckless, negligent, or impaired driving. A serious indictable offence.
Dangerous driving causing death
When a person drives dangerously and causes death, but without the intent or recklessness of culpable driving.
Bail
The temporary release of an accused person awaiting trial, sometimes with conditions to ensure they return to court.
Remand
When an accused person is kept in custody while awaiting trial or sentencing.
Criminal law principles (3)
Presumption of innocence
Burden of proof (on prosecution)
Standard of proof (beyond reasonable doubt)
Sanctions (criminal) vs Legal damages (civil)
Sanctions are penalties in criminal law (e.g. imprisonment, fines), while damages are compensation in civil law.
Purposes/goals of sanctions (4)
Punishment
Deterrence
Rehabilitation
Protection of the community
Role of Jury
A jury is a group of citizens who determine the facts of a case and deliver a verdict based on evidence.