My Legal Studies Exam Study Notes- Que Cards

lloydandrews
Flashcards by lloydandrews, updated more than 1 year ago
lloydandrews
Created by lloydandrews about 6 years ago
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chapter 1 and 2 notes

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Question Answer
using examples, outline the difference between legal and non-legal rules. legal rules are those created by law making bodies that is imposed on all of society. whereas, non-legal rules a those imposed by families,schools, sporting clubs and only apply to those directly involved
why do we need laws laws are needed because they protect the community from harm, they reflect the changing circumstances and resolve disputes
distinguish the difference between criminal and civil law the difference between criminal and civil law is that criminal laws aims to impose a sanction on those who commit a criminal act whereas civil law aims to restore a person to their original position or compensate them
explain the role of parliament in making laws parliament must first consider the passing of a proposed bill, if considered valid the bill goes through first and second readings, the bill then goes into further considerations, after that it goes to third reading, if the bill is accepted it then goes to the upper house for the same process,and if the bill passes it gets signed by the queens rep and it becomes a law.
what are the principles of criminal liability? the principles of criminal liabilities are mens rea and actus reus
what are the elements of a crime? the elements of a crime is that there needs to be Actus rea and Mens rea
what is the presumption of innocence? the presumption of innocence is that person is presumed innocent until proven guilty.
explain what the burden and standard of proof is the burden of proof refers to who has to prove the case(the prosecution). te standard of proof is what needs to be established to prove the defendant is guilty in a civil case
explain the age of responsibility (referring to victorian law) A child under the age of 10 cannot be charged with having committed a criminal offence. between 10-14 it is assumed they are mentally incapable, whereas anyone above the age of 14 can be charged the same way as adults.
list the features of a crime *its against the law *punishable *harmful to society *against morality
what are the elements of murder? list at least 4. *the killing unlawful *malice aforethought existed *the accused is the cause *at a sound state of mind *victim as human *the accused is over 10
what is manslaughter? manslaughter is the result of a person ending up killed without there being malice aforethought (intent)
list types two types of manslaughter and explain them. voluntary manslaughter- this is where a person is guilty of murder but sentencing is reduced due to mitigating circumstances involuntary manslaughter--this is when there was no intent to kill but resulted as a result of: *the deliberate infliction of harm *caused death by committing an unlawful act
whats the maximum sentencing for manslaughter? the maximum sentencing of manslaughter is 20 years improsonment
what is defensive homicide and how many years apply in sentencing if found guilty? defensive homicide is when causes death believing it was out of 'self defence'. the maximum penalty is 20 years imprisonment.
distinguish the difference between culpable driving and dangerous driving, and also how many years apply if found guilty if found guilty of these crimes you could face a maximum of 20 years imprisonment for culpable driving and 10 for dangerous driving. the difference between culpable and dangerous driving is that culpable driving is where a person is killed due to reckless behaviour behind the vehicle, whereas dangerous driving is when a person is speeding in a manner that is considered dangerous to the public.
what is the difference between infanticide and child homicide and whats the penalty? the difference between infanticide and child homicide is that infanticide is where a mother kills her baby( under the age of 2) and child homicide is when a person kills a child under 6. the maximum penalty is 5 years imprisonment for infanticide and 20 for child homicide.
explain what is assault and the maximum penalty assault is threatening to commit, or committing some sort of physical harm on another person,the maximum penalty is 5 years
explain incest and the maximum penalty incest is having sexual relations with a family member, the maximum penalty is 25 years
differentiate the difference between rape and indecent assault and the maximum penalties that apply. indecent assault is assaulting another person in indecent circumstances without the persons concent, whereas rape is intentionally sexually penetrating another person with out their consent, the maximum penalty for rape is 25 years and 10 for indecent assault.
explain automatism automatism is a defence used when arguing that an action occurred out of muscle spasms or reflexes or the accused was not conscious when they committed the act.
when can 'sudden emergency' be used as a defence? sudden or extraordinary emergency can be used when a person argues that the sudden emergency existed and it was the only way to deal with the situation.
differentiate mental impairment and intoxication mental impairment is when a person does not know the nature of their crime and intoxication is where a person has consumed alcohol and there was no intent to commit a crime
explain the defence 'duress' duress is the defence used where a person argues that they were forced to commit the crime
explain the defence 'necessity' Necessity is the defence used when a person believes they needed to commit the crime to prevent further harm
explain the difference between theft, burglary and robbery. theft is taking another persons property with the intent to keep it, burglary is to break into a person's property to steal, and robbery is threatening and stealing their property. the maximum for theft is 5 years, burglary is 5 and robbery is 15 years imprisonment.
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