chapter 3 & 4 ( LEgal)

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

4.6 possible participants in a crime.

principal offenfor carried out actus reaus

accesossry = dose an act or assit primary offendor in a crime the accessorcy belived has been committed. can help offendor avoid

arrest
prosectution
conviction

murder

masnslaughter = unintentional , reckless , dangerous , negligiant

infranicide = dhild under 2 killed by mother due to mental impacirent from brirth

child homicide= child under 6 , manslughter condtions

culpable dribing causing death = motore vechle , negligance , reckless

homicide firearm= discharge of fire arm , normmaly manslaughter

elements of murder =

unlawful
accused acts voulnataryly
causes victims death
acted with intent to kill or cause serious harm

sanctions =

6max penalty murder= life iwthout parole
standard = 25 years imprison
emergency worker = 30 years inprison

NT x3 highe murder rate than vic due to

finical harship
alchoal consumprion
familty disfunction
mental heakth
crime

impacts = victim , community , offendor

assualt = intention/ reckless usne of focr without lawful excuse

max penalty = 15 penalty units , 3 monther imprsion ment

elements of assault =

application of force or threat to

intentional or reckless

no justification

resaosns for assault =

lawful arrst
correction of a childs

sanctions

constituitons has no sanctions

sanctions are in the common law , staute law

DPP = director of public prosecution

independent officer
commencing
preparing
conducting

advers publicity order = company must adver tice outlcome of case

fairness = imparital , open process ,

no one can have suspicion of bias

equality

= diffrent treamtent of peopel to ge equal result

access = engage and paritcpate in court system on a informe basis

dlegated bodys = consumers affairs victoria

environment authority vic EPA

LOCAL COUNCILS

STATE REVUNURE OFFICE

( sro)

VIC ROAD

WORKSAFE CI

WAGE INSPECTOR VIC

VIC BUILDING AUTHORITY

commonwealth DELGATED BODIES

ASIC = aus securtiy and investments commission

directors breach duties

ATO aus tax offic

tax fraud
summary offences

ACCC aus competion and consu,er commission

fiar traidng
product safelt regularo

ppolice can arrest without warrant ito - make sure offendor apperas in court

preserve publice order

prevent furth ofeence

ensure safelt of public or offendor

reasonalboly belive offendor has committed an indictable offence

rights ofr arrested

can refust to go to station unless under arrest
under the HCR must be informe of arrect and proceeding

qustionoing

reasonale time since arrest
persons must be informed that they do not hace to say or do anything and that what they do say may be used as evidence

can communictaw with firends an ddiamly

reaosns for court hierarchy

speicalisation
appeal
odctrine of precedent
convince

the jury

cannot be juror if

impriosn for more than 3 years
on bail / remnad
undisgarched bankruptness
lawyer , judges , mPMs
police

can be excusef if

old
ill
50 kms away + from melbourne
finical hardship
carere

needd an unanimous verdict ( 11/12 ) accepeted

unless

murder
large drug offence
treason
commonwelath offences

dlebriations are secret

hung jury = not unanmious = retrila

stengths of jury

imparitla , independent
community involved= refelct social values
shared respsonsiablity = increace in accuarcy

weakkness

they dont need a reason for there verdict
complesixity of evidence = hard to understand
deay due to legal instruction
unconsscious juor bias ( clothes , conduct of coffendor )
exclusion of community ( deaf or disabled,

difficulties

lore = abroginal term ofr law and morlas , history , rules

elder s run the systme
focus on resoting balanc e
3.1 x more liekly to be a victim
qont report out of fear that kids will be taken

adressing difficulties

ciltrualt compentence trainging
devolping speeliced couttsd

young people

under 25
reputation damge
less oppurtunity for rehab
less oppurtunitiy for educqation

adressing difficulties =

community legal centers

skilled spelices in coruts

chaanging crime responsiablity age.