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32 Cards in this Set
- Front
- Back
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What is civil law ?
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Non crime related
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What is criminal law?
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Crime related
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What is legal capacity?
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The ability of a person to do something
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What is vandalism?
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Deliberate destruction of private property done on purpose
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What does the term accused mean?
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Someone who is charged for a crime
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What does the term victim mean?
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A person who is injured or killed in an act of violence
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What is evidence?
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Information used in a court case to prove or disprove someones guilt
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What is a witness?
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A person who is presenting evidence in court
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What is Actus reus ?
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The crime has been committed
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What does mens rea mean?
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Crime done intentionally
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What are damages?
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Money as compensation
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What is a Contract?
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A legally binding document
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What is a guarantor?
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A person who will pay your debts if you can't
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What is negligence?
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Not taking reasonable or proper care
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What is an oath?
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A promise or pledge to tell the truth
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What is conviction?
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found guilty of a crime
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You can be arrested only if the police...
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A warrant is required
You must be told what you are being arrested for they can arrest you if you are suspected by the police you must be told not to say anything You may be handcuffed Capsicum spray may be used |
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When the police do a personal search...
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Police must have a search warrant
They can give a pat down Must be the same gender |
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Requirements of a phone call
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You are able to make a phone call when arrested
If you cannot afford you are entitled a legal aid |
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Requirements of an interview
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If you are under 17 you must have an adult with you
You will asks questions The interview can be recorded You do not have to answer question you don’t want to You will get a recorded copy of the interview |
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Requirements of being fingerprinted...
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Police cant fingerprint you if you are under 10
if you are 10-17, fingertips can only be taken to court if an order is obtained, offense is involved and an adult is present They can use force to get fingerprints |
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CHARGED
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You can officially charged with the offense
if charged you will be released on bail or be kept in prison before court |
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What is the adversarial system!!!???
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The adversarial system is a system in which two opposing parties present their arguments to a magistrate or judge
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How many people in a jury in a criminal case?
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The jury in a criminal case consists of 12 people.
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How many people in a jury in a civil case?
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In a civil matter only six people
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Who is magistrate?
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A magistrate is in charge of the lowest court where the atmosphere is much more informal. the magistrate decides whether a person is guilty or innocent
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Who is judge?
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He or she listens to arguments presented by the prosecutor and the counsel for the defence and is not allowed to ask witnesses questions. after the jury decides the judge decides the sentence or punishment
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Who is jury ?
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Anyone who is called on the electoral roll can be called as a juror. All jurors have to agree. In a criminal trial the jury must decide beyond reasonable doubt whether a person is guilty.
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Who is Tipstaff?
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The tipstaff helps the judge keep order in court
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Who is judges associate?
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The judges associate is a trained lawyer who manages much of the paperwork
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Who is prosecutor ?
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In criminal cases the prosecutor has to convince the jury that a person is guilty. This is done by asking questions of witnesses to draw out relevant information
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Who is counsel for defence
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In a civil case the counsel for the defence attempts to convince a judge that no wrong has been committed. In criminal cases the counsel for the defence represents the accused.
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