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;
16 Cards in this Set
- Front
- Back
|
What factors influenced Australia’s legal system? |
- Common law - Customs (eg. Killing people is morally wrong) - Rules - Religious beliefs (eg. We go to church on Sundays) |
|
|
What are the main functions of law? |
- To regulate behaviour and bind society, also to keep people safe. |
|
|
What is the difference between criminal law and civil law? |
- Criminal law deals with offences that harm the whole community (eg. Murder) and are more serious than civil law, which is about harm to one person or group (eg. Trespassing) |
|
|
What is the difference between a criminal offence that is indictable and a summary offence? |
- An indictable offence is the most serious criminal offence (eg. Murder,rape, assault), summary offences are less serious criminal acts (eg. Minortheft) |
|
|
What is a victimless crime? Give an example. |
- A crime that harms nobody in the community but the person who commits it Eg. Drug use, suicide |
|
|
Name three types of civil law offences. |
- Defamation (saying something publiclyabout someone that harms their reputation, makes them loose their job etc.) - Negligence (neglecting to take proper care of something like an animal, baby,student) - Trespassing (going onto someone’s property without permission). |
|
|
Draw Australia’s state and federal court hierarchy. |
HIGH COURT Supreme | Federal court District | Federal court/Family court Magistrate | Federal Magistrate's court |
|
|
Name three reasons why we have a court hierarchy. |
So the precedent can flow down. (Creates consistency and fairness) Appeals can flow up. (Right to appeal unfair decisions) Specialisation. (More serious offences dealt with by more experience judges). |
|
|
Define precedent |
Past decisions made higher in courts that are followed in future cases (creating consistency and fairness) |
|
|
Define appellate jurisdiction |
Appellate jurisdiction is when a higher courts hear appeals from a case in a lower court. |
|
|
Which court hears cases about the the Australian constitution? |
The high court of Australia. |
|
|
What is not a thing our laws are based on? |
Social cohesion |
|
|
What is an example of an indictable offence? |
Assault and battery |
|
|
What is an example of a crime that has no victim? |
Drug use |
|
|
What is a scenario not heard by the supreme court? |
A dispute of the Australian Law |
|
|
What is a summary crime? |
A less serious criminal offence which is usually decided in the magistrate court. |
