Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
135 Cards in this Set
- Front
- Back
|
Define 'laws'. |
A set of rules that are officially recognised by the state.Laws set out the rights and responsibilities of individual members of our community. |
|
|
Define 'crime'. |
An action which constitutes an offence and is punishable by law. |
|
|
Define 'Mens rea'. |
The intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action of the crime of the accused. |
|
|
Define 'Actus reus'. |
The action or conduct which is a part of a crime, as opposed to the mental state of the accused. |
|
|
Define 'murder'. |
The unlawful premeditated killing of one human being by another. |
|
|
Define 'manslaughter'. |
The crime of killing a human being without malice forethought, or in circumstances not amounting to murder. |
|
|
Define 'criminal law'. |
Protects individuals from others doing the wrong thing.It outlines the way people should act — what they can and cannot do.- it includes Robbery- Homicide (manslaughter and murder)- Rape- Assault- Theft- Drug offences. |
|
|
Define 'civil law'. |
Civil law deals with non-criminal matters.It allows a person to bring actions against other people for a civil wrong done to them- it includes Negligence- Trespass- Defamation- Nuisance- Breach of contract. |
|
|
Define 'indictable offences'. |
- An offence society considers to be very serious such as murder or sexual assault. - A committal hearing is held to ensure there's enough evidence to warrant a trial - If sufficient evidence is provided a trial with a judge/jury will occur - Maximum penalty is life imprisonment - are brought on a charge called an indictment it includes Aggravated burglary- Indecent assault- Drug trafficking offences- Murder and manslaughter |
|
|
Define 'summary offences'. |
An offence that can be heard by a magistrate sitting alone, rather than a judge and jury.Can also be heard in the absence of the defendant, and are usually considered to be less serious offences.- it includes Road traffic offences (careless driving, drink driving and unlicensed driving)- Minor assaults- Property damage- Offensive behaviour |
|
|
Prosecutor Plaintiff |
Individual or group who sue another group or individual. |
|
|
Defendant |
Individual or group who are the accused, or those who are sued by another group or individual. |
|
|
Define 'standard of proof'. |
Beyond reasonable doubt. This is the highest standard used as the burden of proof, but can only be heard in criminal cases. |
|
|
What are the two main sources of laws? |
Acts or statutes - laws made by parliament; Laws are passed through both the lower and upper house and if it passes through it is signed by the Governor General to become a national law that is immediately effective. Common laws - laws developed by courts; Common law is passed by judges in cases where certain punishments are unclear and to prevent the same situation from happening again. |
|
|
What is the process of making a law. |
Bill introduced by minister into lower house Initiation First reading Second reading Consideration in detail Third reading Upper house (same steps as in lower house) Royal assent |
|
|
Define 'legislative process'. |
The process used by parliament to make laws. |
|
|
Define 'bill'. |
A proposed law to be considered by parliament. |
|
|
Initiation |
The proposed change is written up as a Bill by the parliamentary drafts-person. The Bill's full title must be given to the house the day before it is to be introduced. |
|
|
First reading |
During the first reading, the clerk reads out the title of the Bill, The member introducing the Bill will move that the bill be read a second time. Copies of the Bill are distributed to all members. |
|
|
Second reading |
During the second reading the member introducing the Bill will outline the key features of the Bill and the reason why the Bill is needed. After the member's second reading speech, debate will usually be deferred to allow members time to consider their response. When the debate resumes, members will debate the purpose of the Bill. Members of the opposing parties will indicate their support or disapproval of the Bill. |
|
|
Consideration in detail |
During this stage the Bill is looked at clause by clause. Amendments or changes may be recommended. At the completion of this stage any changes that have been discussed will be reported back to the house. The House will be asked to adopt the report. In the Upper House, this stage may also be called the Committee of the Whole. |
|
|
Third reading |
At this stage, there may be some further debate about proposed amendments. The title of the Bill will be read and a vote will be taken. If the Bill is passed by a majority, it will progress to the Upper House. |
|
|
Upper House |
The Bill goes through the same stages in this second house. if the Bill is amended, it must be returned to the first house, where the amendments must be approved before the Bill can become law. |
|
|
Royal assent |
The bill is presented to the Governor or governor-general for royal assent. The Bill then becomes an act of parliament. It is proclaimed law when the proclamation is published in the Government Gazette. |
|
|
What is Precedent? |
If judges make a decision on an issue not covered by legislation, their decision is recorded. Other judges, hearing similar cases, refer back to this decision to decide what the law should be.This process of judges referring back to past decisions to decide what the law should be is known as precedent. |
|
|
common law |
They can only interpret the common law when: - A case comes before them in court - There is no existing statute, or parliament made law, that applies. - They are not bound to follow an existing principle of common law. |
|
|
Role of the Judge. |
They interpret the law, assess the evidence presented, and control how hearings and trials unfold in their courtrooms. The judge or the magistrate in the court of law is the person who makes the final decision of what the punishments are of the offender. |
|
|
Role of the Jury. |
Juries listen to the evidence in court cases and decide whether or not the defendant is guilty or not guilty (or, in civil cases, who is at fault).A jury is usually made up of 12 men and women selected at random. |
|
|
Impact of substance abuse on society. |
1. Drugs increase crime rates which lowers the level of safety felt by the society. 2. Contributes to abuse crimes and increase a person’s aggression. 3. Causes distress and increases vandalism and accident rates. As of 2012, 24% of car accidents are due to drink driving. 4. Decrease health and can result in early death. 5. Crime increased by 3.7 per cent in 2013-14 due to ice. 6. Can lead to higher rates of depression which can increase suicide rates. 7. Drug use can increase the rate of people becoming homeless as they use all of their money on their drug addiction. 8. It also increases unemployment rates as they’re not fit to represent a company. |
|
|
Define Customs |
Traditions, habits, patterns and behaviours which have progressed over time. Not compulsory or lawfully enforceable. |
|
|
Define Rules |
Made by and applicable to certain individuals in order to maintain conduct in certain situations. Rules are not enforceable in a court of law but can have consequences for being broken. |
|
|
What is The Rule of Law? |
No one is above the law, including those who make the law. Everyone is subject to the same laws. |
|
|
What is Procedural Fairness/ Natural Justice? |
The right to be heard the right to a fair hearing The right to have a decision made by an unbiased decision maker. This means no appearance of bias. |
|
|
What are characteristics of just laws? |
- The fair and impartial treatment of all persons .- Consulting the people and carrying out decisions of the majority whole ensuring the minority have the opportunity to express their perspective. - Allows everyone fair treatment. - Ensures human rights are recognised and respected. |
|
|
Define Equality |
All people are entitled to the same rights and opportunities and no one should be privileged or disadvantaged. |
|
|
Define Fairness |
Focused on equal outcomes. |
|
|
Define Justice |
A combination of equality and fairness. |
|
|
What are Values |
The principles, standards, or qualities deemed desirable to an individual within society. |
|
|
What are ethics |
The behaviour and application of the values of right and wrong. |
|
|
What is acces? |
When citizens are aware of the laws that affect them, and understand their rights and responsibilities under these laws. |
|
|
How did the Common Law System develop? |
1066: William of Normandy invades England. Establishes system of travelling judges.15th Century: King created a separate Court of Chancery due to petitions. Matters were dealt by a judge who was also a priest. Equity coexisted with Common Law. 17th Century: James I decides that the rules of equity should always override common law, due to clashes between the Chancellor and Chief Justice on the King's Bench.1873: Court of Common law and equity merged. |
|
|
What reasons do judges use to avoid using precedents? |
Distinguishing, Reinterpreting and Overruling |
|
|
What is a binding precedent? |
A decision made on a point of law in a case, that is then binding in subsequent cases with similar facts heard in courts of equal or lower jurisdiction. |
|
|
Describe the function of delegated legislation. |
Legislation made by non-parliamentary bodies. Involves "less important" laws that the parliament doesn't have time to draft, consider and pass. Parliament delegates the responsibility to subordinate bodies such as local councils. The parliament "enabling act" or "parent act" allows this to happen. |
|
|
The Adversarial System of Trial |
Two parties assume opposite positions in debating the guilt or innocence of an individual. The judge is a neutral or impartial referee, only ensuring that the trial and evidence entered proceeds according to established rules and guidelines. |
|
|
Define Equity |
Rules that were developed by the Court of Chancery in England during the 13th and 14th centuries. |
|
|
What is Statute Law |
Law made by parliament |
|
|
What does the Appellate Jurisdiction do? |
Hears appeals from inferior courts. |
|
|
What is Original Jurisdiction |
The power of a court to hear a case for the first time. |
|
|
Parliaments are... |
Elected.- Bicameral.- Composed of all the member in the lower and upper houses. |
|
|
What is The government formed by? |
The political party/ parties with the majority of seats in the lower house. The Prime Minister is the leader. |
|
|
What is The opposition formed by? |
The political party/ parties that have the remaining seats in the lower house. |
|
|
What are Ministers? |
Members of the government who are given responsibility for particular departments. |
|
|
Who forms the Cabinet? |
Some or all of the ministers. They make decisions on policy and the laws to be drafted by the parliament. |
|
|
What is The Shadow Ministry composed of? |
Members if the Opposition who monitor the policies and proceedings of the ministers. |
|
|
What must Laws be assented by? |
The Queen, through her representative the Governor or Governor General. |
|
|
The Queen, through her representative the Governor or Governor General. |
The body which enables legislation to be put into operation, composed of the Governor or Governor General and some ministers. |
|
|
What composes the NSW parliament? |
The lower house: Legislative Assembly The upper house: Legislative Council |
|
|
What is the Inquisitorial System |
In which the court is actively involved in determining the way in which the competing claims are presented. The judges conduct an inquiry into the truth. They are empowered to decide which witnesses and testimonies are called, etc. |
|
|
Strict Liability |
The prosecution must only prove actus reus |
|
|
Commonwealth (Aust.) constitution |
A set of rules by which a country or state is run. |
|
|
State constitution |
Each state has its own constitution. Usually, they are longer than the federal Constitution and are more detailed regarding the day-to-day relationships between government and the people. |
|
|
What is some Contemporary Issues? |
- Delayed Justice - High cost of Justice - Judge only trial - Media Influence |
|
|
What are some Property Crimes |
1. Burglary - entering home with intentions to commit crime
2. Theft (larceny) 3. Receiving stolen goods 4. Arson 5. Forgery |
|
|
What are some Public Order Crimes
|
1. Prostitution
2. Gambling 3. Drug Use |
|
|
Define White Collar Crimes
|
nonviolent crimes committed by an individual or corporation to obtain personal or business advantage
|
|
|
Define Embezzlement
|
theft of funds by a person entrusted with those funds
|
|
|
define Bribery |
the unlawful attempt to influence a public official to act
|
|
|
Duress
|
unlawful pressure causing someone to perform an act
|
|
|
Entrapment
|
inducement by a public official to commit a crime the defendant would otherwise not have committed
|
|
|
Statute of Limitations
|
charges for certain criminal offenses must be brought within a specific period of time
|
|
|
Criminal Process
|
A. Arrest
B. Preliminary hearing (for felony offenses) C. Grand Jury (meets in secrecy to determine whether there is a reasonable basis(probable cause) to issue an indictment |
|
|
Fraud
|
A. misrepresentation of facts or conditions with knowledge that they are false or with reckless disregard for the truth
B. intent to induce another to rely on misrepresentation C. Justifiable reliance by the harmed party D. Damages suffered as the result of the reliance E. Causal connection between the misrepresentation and the damages suffered |
|
|
Negligence
|
the failure to exercise the standard of care that reasonable person would exercise in similar circumstance - duty, breach, damage, casusation
|
|
|
Duty of Care
|
the duty to exercise reasonable care in dealings with others, so as not to infringe upon the interests of others
|
|
|
Tort
|
A civil wrongdoing, breach of a legal duty that approximately causes harm to another - often results in monetary compensation
|
|
|
What are the features of arrest
|
you may only be arrested if the police have a warrant, or have reasonable cause to suspect you have broken the law.
|
|
|
What are the features of personal searching?
|
The police require a warrant, unless they suspect drugs, a concealed weapon, or hidden evidence, in which they can perform a pat down search
|
|
|
What are your rights once you reach the police station
|
you have the right to make a telephone call to a friend or legal representative.
|
|
|
What are the features of the formal interview?
|
A parent or guardian must be present if you are under 17
You do not have to answer any questions which you don't want to |
|
|
What are the features on fingerprinting?
|
Your fingerprints cannot be taken if you are under 10If you are aged between 10-17, your fingerprints can only be taken if: a court order is obtainedan indictable offence is involveda parent or guardian is present.Police can use reasonable force to take fingerprints
|
|
|
What are the features of charge?
|
You may be officially charged with the offence
If charged, you will either be released on bail, or held in prison on remand before being brought before a court |
|
|
What are the main features of 'Guilty Act'?
|
The act, or omission, actually occurredIt was done by the accusedIt was voluntary; not committed under force
|
|
|
What two groups do Jury's consider unable to form the 'intention' to commit a crime?
|
minors and the mentally disabled
|
|
|
When sentencing a person, what factors does the magistrate/judge take into account?
|
guilt plea
circumstances of the crime (the degree of violence) prior convictions, the level of hardship (a person who is convicted of drink driving needs their license for work) |
|
|
What are the four reasons for laws?
|
Protect peoples safety
Protects the freedoms and interests of people Provide society with order Produce fair outcomes |
|
|
What three things to laws do? give examples
|
Compel us to do things (eg pay for goods in a shop)
Restrict us from doing things (must be 16 to get a learners) Prohibit us from doing things (rape and murder) |
|
|
In order for a law to be ‘lawful’ and valid, what three features must it have?
|
The party that wrote it must have authority to make laws
There must be consequences for breaking the law The law must help to regulate society and provide order |
|
|
What are the three levels of government in Australia
|
Commonwealth (federal) government
State Government Local government |
|
|
What are the six courts in Australia, in order from least authority to most?
|
Tribunal, Magistrates Court, District Court, Supreme court, Court of appeal, and High Court
|
|
|
What areas is the federal government responsible for?
|
Customs, Status of Women, defense, trade, foreign affairs, veteran affairs, health and justice
|
|
|
What areas are state governments responsible for?
|
consumer affairs educationemergency servicesemployment and training police transport and main roads public health and hospital
|
|
|
What areas are local governments responsible for?
|
Ferry and Bus servicesGarbage and SewageRatesRecreational FacilitiesTrafficWater Supply
|
|
|
What are the three powers under the constitution?
|
Legislative, Executive, and Judicial.
|
|
|
What is the legislative power?
|
A governmental deliberative body with the power to adopt laws
|
|
|
What is the executive power?
|
The branch of a government charged with implementing, or executing, the law and running the day-to-day affairs of the government or state.
|
|
|
What is the upper body of Australian federal government, what is the lower, and what is their collective term?
|
The Senate is the upper of the two houses of the Parliament of Australia.The lower house is known as the House of Representatives.Collectively they are known as the ministry
|
|
|
What is the tribunal?
|
An assembly (including one or more judges) to conduct judicial business.
|
|
|
What is the magistrates court?
|
The court is the first stop in many criminal and civil actions and deal with minor criminal and civil matters. The court may also decide to send cases brought before it to a higher court in the court hierarchy.
|
|
|
What is the district court?
|
The District Court can hear criminal matters, except for offences related to murder and treason. It also has jurisdiction over criminal injuries compensation claims.The Court’s work is in four areas: civil, criminal,administrative and disciplinary, criminal injuries
|
|
|
What is the Supreme Court?
|
It has unlimited jurisdiction within the state in civil matters (although it usually only hears matters involving sums of AUD 500,000 or more), and hears the most serious criminal matters, including murder, manslaughter and serious drug offences
|
|
|
What is the Court of appeal?
|
A state judicial tribunal that reviews a decision rendered by an inferior tribunal to determine whether it made errors that warrant the reversal of its judgment.
|
|
|
What is the High Court?
|
The High Court is the final court of appeal, the highest court in the court hierarchy. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States. Interprets the Constitution of Australia.
|
|
|
what are the four elements of murder? |
- Killing with intention to kill - killing with intention of inflicting grievous bodily harm - Reckless murder - Killing while committing a crime of violence (felony murder) |
|
|
Committal Proceedings |
Held to determine whether, in the case of more serious criminal offences, there is sufficient, evidence to require the defendant to stand trial. Committal proceedings are generally held before a magistrate, who hears evidence from the prosecution which is recorded and can be used at the trial. |
|
|
Summary Proceedings |
A proceeding in court where there is no jury present and a summary judgment is handed down. |
|
|
What are the Criminal offences |
- Summary offences (not as serious)- indictable offences (more serious) |
|
|
What is the sentencing for he Murder and what do you have to prove? |
life imprisonment, compulsory jail sentence, Duration ranges 15-35 years, parole/ non- parole prove: The intention to kill |
|
|
What is the sentencing for manslaughter and what do you have to prove? |
life imprisonment, Prove: Killed another person unlawfully; circumstances of the case do not constitute to murder. causing a death of another by wrongful act, no intention. |
|
|
What is the sentencing for assault and what do you have to prove? |
3 years imprisonment prove: the unlawful, intentional threat of force or infliction of injury in another person. |
|
|
What is the sentencing for grievous bodily harm and what do you have to prove? |
ELEMENTS: inflicting an injury upon another person of a very serious nature. Bodily harm that leaves the victim begin permanent injured in some matter, the lost of distinct part or an organ of a body, serious disfigurement, any bodily harm of such nature that if left untreated, would endanger life. MANDATORY SENTENCING: 14 years imprisonment |
|
|
What is the sentencing for rape and what do you have to prove? |
ELEMENTS: having carnal knowledge of a person without consent or permission (complete upon penetration) MANDATORY SENTENCING: life imprisonment |
|
|
What is the sentencing for sexual assault and what do you have to prove? |
ELEMENTS: unlawful and indecent assault of another person without his or her consent. MANDATORY SENTENCING: between 10 years and life imprisonment (depending on the seriousness of the offence) |
|
|
What is the sentencing for incest and what do you have to prove? |
ELEMENTS: Carnal knowledge of a person offspring or other lineal descendant or sibling , parents, grandparent, uncle, aunt, niece or nephew where the person is aware of the relationship. MANDATORY SENTENCING: life imprisonment |
|
|
What is the sentencing for indecent treatment of a child under 16 and what do you have to prove? |
ELEMENTS: Unlawfully and indecently dealing with a child under the age of 16 years, or willfully exposing a child under 16 years to an indecent act, film, or other indecent matter MANDATORY SENTENCING: 14-20 years imprisonment (depending on the age of the child and the relationship between offender and child) |
|
|
What is the sentencing for stealing and what do you have to prove? |
ELEMENTS: Dishonestly taking the property (that is movable or capable of being moved) of another with an intent to permanently deprive the owner of the thing MANDATORY SENTENCING: 5 years imprisonment |
|
|
What is the sentencing for robbery and what do you have to prove? |
ELEMENTS: Stealing something, when directly before, during or directly after the stealing, using or threatening to use actual violence in order to obtain the stolen thing or to overcome resistance to it being stolenMANDATORY SENTENCING: 14 years imprisonmentIncreases to life if a dangerous weapon is used, or if more than one person is involved, or violence is actually used |
|
|
What is the sentencing for burglary and what do you have to prove? |
ELEMENTS: entering a dwelling with intent tocommit an indictable offenceMANDATORY SENTENCING: 14 years imprisonment, which increasesto life imprisonment if there is morethan one oender, or if the oence iscommitted at night, or if threatened oractual violence is used, or if the oenderpretends to or is actually armed with adangerous weapon, or if any property is damaged |
|
|
What is the sentencing for drink driving and what do you have to prove? |
the penalties likely to be imposed for an offence of drink-driving depend in part on whether the offence is classified as major or minor the penalties likely to be imposed for an offence of drink-driving depend in part on whether the offence is classified as major or minor prove: driving while under the influence of intoxicating substance |
|
|
Drug laws what is illegal? |
- Possession- Producing- Supplying- Trafficking |
|
|
What are some defences if the crime did happen |
- Intoxication (consumption of alcohol or drugs) -Insanity (state of mental disease) - Diminished Responsibility (accused does not fully understand what they have done) - Extraordinary Emergency (not criminally responsible as made or done under such circumstances) - Duress (forced by a loved one or threaten) - Accident |
|
|
provocation |
They were provoked into committing the assault. |
|
|
4 parts of punishment? |
- Retribution ( form of payback against the offender) - Deterrence ( deter the offender from re-offending and deters others from committing a crime) - Rehabilitation ( dedicated to improving, maintaining or restoring physical strength, cognition and mobility with maximised results.) - Protection of Society (removing someone from the public to protect them) |
|
|
Types of punishments |
- Fine option orders- Intensive correction orders- Fine- Community service orders- Probation orders- imprisonment |
|
|
police powers when arresting |
- Must tell the arrested person the reason of the offence they are arrested for - Police must give name, rank and station of the arresting officer - Can apply for a warrant for person's arrest. |
|
|
police powers in terms of a right to silence |
- person suspected of committing the crime must give their name - they are entitled to a lawyer - suspect does not need to answer questions - every person who is arrest are given the opportunity to contact a lawyer - apart from giving their name they have the right be remain silent |
|
|
the right to silence in terms of terrorism |
- Have no right to silence - Australian Government can legally detain you for questioning up to 7 days in secret with no access to a lawyer. |
|
|
everyone accused person is? |
innocent until proven guilty. this is the presumption of innocence. |
|
|
wha is the onus/standard of proof? |
The burden of proof |
|
|
Distinguish between customs, rules, values, laws and ethics. |
A custom is a traditional and accepted practice. Rules are guidelines for a code of conduct with some consequences. Values are personal beliefs and morals. Ethics are society's views about what is right and wrong. The law is legislation which is based upon each of the aforementioned facets and is enforceable. |
|
|
Describe the characteristics of just laws and the nature of justice. |
Just law and justice relates to fairness and equality, impartiality and the doing of what is 'right'. |
|
|
Define anarchy. |
Anarchy is when a society is left without an effective legal system. It leads to widespread looting and other crimes. |
|
|
Define tyranny |
Occurs when there is no check on the power of lawmakers and enforcers. Power is taken from the people. |
|
|
What is division of power? |
The division of powers dictates who has the right to make which legislation. It is the part of the constitution which sets out which level of government can make laws about which matters. Exclusive powers means that only the Commonwealth can make laws for these matters e.g. defence, currency, marriage. Residual powers are things that are not covered by the commonwealth and are picked up the states e.g. police, transport and crime. Concurrent powers are matters for both state and commonwealth e.g. education, health. |
|
|
What is the separation of power? |
Separation of power are three parts of government: 1) The Legislature (Members of parliament who make statue law) 2) The Executive (Members of parliament who are ministers in charge of a government department) 3) The Judiciary (Judges and magistrates who administer the law in court). Separation of powers means that none of these interfere with the other two. |
