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Emma Rasic English 55 cards

Cards in this deck (55)

  1. 1Why do we need laws?Confusion, chaos, anarchy, 'might is right', consistency to achieve fairness
  2. 2The law has FOUR main roles:Establishing boundaries, protection, freedom, resolving disputes
  3. 3Why are there different laws and rules?Different countries/communities or peoples have different values/morals and therefore different laws to reflect this in their society.
  4. 4The process of enforcing the legal system:Politicians make laws, police enforce laws, legal advisers specialise in the law, courts interpret laws, law-breakers punished by court
  5. 5Why do we need a court hierarchy?Less stress on the system, quicker and cheaper, each court is specialised in different cases etc.
  6. 6What can an individual do if they are not happy with their ruling?If an individual is unhappy with a ruling of a lower court they can appeal the decision and have their case reviewed in a higher court!
  7. 7What is an issue facing appealing associating trials/courts?The cost of a trail becomes more expensive if held in a court that is higher up the hierarchy
  8. 8General information on the LOCAL COURTAll criminals cases begin here, no jury, a MAGISTRATE hears cases, deals with minor civil disputes (up to $100,000), summary offences
  9. 9What is a magistrate?A magistrate is a qualified legal practitioner that can imprison an offender for up to two years. They preside over committal hearings dealing with indictable offences to decide if there is enough evidence for higher court hearings
  10. 10Three roles of the magistrate:• Hear bail applications
    • Issue arrest and search warrants
    • Hears applications for Apprehended Violence Orders (AVOs)
  11. 11The Children's Court:• Deals with criminal cases concerning children and young people under 18
    • Closed to public/media
    • Same personnel but are trained specifically to deal with young people
  12. 12The Coroner's Court:• Investigates deaths by unnatural causes to determine date, place, circumstances, medical causes and identity of death
    • Also investigate cause/origins of fires/explosions
  13. 13General Information about the DISTRICT COURT:Heard by judges, civil cases ($100,000-750,000), criminal cases, some cases involve a jury, cannot hear cases for long sentences but takes appeals from the LOCAL COURT
  14. 14General information on the SUPREME COURTSerious civil cases: $750,000+, judgements here are compulsory on all lower courts, hear appeals from lower courts, impose a wide range of sentences
  15. 15General information on the HIGH COURTAppeals from Supreme Court, reads, interprets and applies the Constitution and creates law that affect the powers of parliaments, seven judges and no jury
  16. 16Why are High Court decisions so important?The High Court is a federal court, meaning that any decision it makes applies to their whole country!
  17. 17What is the adversarial system?legal system in which two opposing sides will present their arguments to an independent umpire – a judge or a magistrate. You will have the presumption of innocence and the burden of proof is on the prosecutors.
  18. 18What is the inquisitorial system?An inquisitorial system is a legal system where the court is actively involved in proof taking by investigating the facts of the case. You will have the presumption of guilt and the burden of proof is on the defendants.
  19. 19How many jurors in a civil vs criminal trial?Civil is 6, criminal is 12
  20. 20What are civil case verdicts based on and what do they mean?Balance of probabilities: means that it is more likely than not to have occurred. It means that it is probable!
  21. 21What are criminal case verdicts based on and what do they mean? (standard of proof)Beyond reasonable doubt: that no other logical explanation can be derived from the facts except that the defendant committed the crime
  22. 22THE ROLES OF THE JURYSHEET
  23. 23Arguments FOR and AGAINST the juryA jury is a cross-section of society and therefore reflects society’s values and attitudes VS It is difficult for people to remain completely impartial, especially if they are influenced by the media coverage of the trial
  24. 24What are the two ways to classify the law? And what do they mean?Private - deals with how individuals interact with other individuals. Public - concerns with regulating people’s behaviour within society as a whole and protects the freedom of individuals
  25. 25The four PRIVATE lawsFamily, contract, property, tort (a civil wrong)
  26. 26The four PUBLIC lawsConstitutional, industrial, administrative, criminal
  27. 27The _______ sues the _______ in a civil trial. They may seek ___________ as monetary compensation.The plaintiff sues the defendant in a civil trial. They may seek damages as monetary compensation.
  28. 28What are the two main PRIVATE laws? What are the main sections of tort law?Contract and TORT: negligence, defamation, trespass, nuisance
  29. 29What is an indictable offense?A serious criminal offense including armed robbery, murder and sexual assault
  30. 30What is a summary offense?A minor criminal offense including vandalism, petty theft, traffic infringements (speeding etc.)
  31. 31What is the age of criminal responsibility?The age of criminal responsibility is the threshold by which a child over ten years of age (in Australia) should know right and wrong and can therefore be prosecuted for committing an offence
  32. 32What is the purpose of civil law? The purpose of criminal law?CIVIL: empowers individuals in society to seek solutions to their disputes. CRIMINAL: to protect individuals from others doing the wrong thing; to make the community feel safe from harm
  33. 33What are the TWO ways to create laws?STATUTE and COMMON
  34. 34What is statute law? Is it written down, unlike common law?Statute laws are written-down laws created by parliament and are legally binding to all courts, citizens etc. Also known as Acts of Parliament!
  35. 35What is common law?Common law is a system of law based on the previous
    decisions of judges (precedents) It is developed piece by piece as judges come across new problems that they hear. They are written down in Law Reports as LEGAL PRECEDENTS.
  36. 36What are legal precedents? (The Act of Precedent)A legal precedent is a previous legal decision that serves as a rule or pattern in future cases. They are written in books called Law Reports and are used as referrals when similar cases are heard. They help to achieve fairness and consistency as all similar cases are treated the same way!
  37. 37About STATUTE LAWThe Federal or Commonwealth parliament makes laws that must be obeyed by all people and courts.
    Statute law always succeeds over common law – the only exception is the High Court which has the power to overturn a law if it is unconstitutional.
  38. 38What are laws made by parliament known as?Acts of Parliament, sometimes legislation
  39. 39What is a constitution?A body of fundamental principles that that outlines the powers and restrictions to Parliament's law making authority. It is a rulebook on how parliament operates and how a country is governed.
  40. 40Why do laws change?EXTENDED RESPONSE
  41. 41Define 'might is right'Those who are powerful can do what they wish unchallenged, even if their action is in fact unjustified!
  42. 42Define damages:Monetary compensation claimed or awarded in compensation for a loss or an injury
  43. 43Define negligence, defamation, trespass and nuisanceFUN!
  44. 44Define liable:responsible by law, legally answerable
  45. 45Define anarchyDisorder or confusion due to the absence of government or laws
  46. 46Define committal hearingCommittal hearing: a hearing in a Local Court to decide whether there is enough evidence to put a person on trial for an indictable (serious) offence
  47. 47Define bailBail: to release an accused person who is awaiting trial
  48. 48Difference between indictable and summaryWrite a response
  49. 49Difference between statute and common lawWrite a response
  50. 50All about common law-
  51. 51All about statute law-
  52. 52Things jurors must do-
  53. 53How does a bill become a law?Eight steps
  54. 54Steps to empanelling a jury-
  55. 55—

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Flashcards on Untitled, created by Emma Rasic on 11/03/2019.
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Emma Rasic
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