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Legal Studies
Yr 9 Humanities Legal Studies
| Term | Definition |
|---|---|
| Define Democracy | A governemnt that is elected by the countries people, for the countries people. |
| What year did federation take place? | 1901 |
| Define Constition | The set of laws signed by Australia's government outlining the governments powers. |
| What are the 3 levels of Government? | Federal, State, Local |
| What is a referendum? | A compulsary vote to change the constitution, and whatever the result of the vote is is compulsary for the government to do. |
| What is a double majority? | When majority of the country votes yes, but also a majority in atleast 4 states. |
| What is a political party? | A group of people with the same political beliefs. |
| What is the highest court in Australia? | The High Court |
| Where is the Magistrates court on the hierarchy for Australian courts? | The bottom |
| What is a summary offence? | A minor offence, such as drink driving. |
| What is a indictable offence? | A serious offence, such as murder or armed robbery. |
| What are the 2 main purposes of criminal law? | To protect the community as a whole, and to protect individuals, society, and promote justice. |
| 3 examples of criminal offences | Murder, drug possesion, drink driving. |
| What is actus reus? | The act of physically committing the crime and proof of that. |
| What is the DPP? | Department of Public Prosecutions |
| What are the 2 parties of every criminal case? | The Prosecution, the Defendant |
| Who is the first party? | The prosecution |
| Who si the second party? | The defendant (The accused) |
| Who does the prosecution represent? | The police |
| When listing the defendants name, how is it listed? | Only their last name is listed. For example, Smith |
| How do you write a case when listing? | DPP v Smith |
| Who takes action in a criminal case? | DPP (The Prosecution) |
| What is the nature of the action in a criminal case? | To prosecute |
| What is the standard of proof in a criminal case? | Beyond a reasonable doubt |
| What is the possible verdicts in a criminal case? | Guilty or not guilty |
| Who decides the verdict in a summary case? | Magistrate |
| Who decides the sanction in a summary case | Magistrate |
| What court are summaries heard in? | Magistrates court |
| Is a jury used in the hearing of a summary case? | No |
| Define a summary offence with examples | MinorOffence, eg drink driving, petty theft, offensive language in public. |
| Define an indictable offence with examples | Serious offence, eg murder, theft, armed robbery. |
| Who decides a verdict in an indictable offence> | Jury |
| Who decides the sanction in an indictable offence? | Judge |
| What does sanction mean? | Sentence/Punishment/outcome |
| What courts are indictable offences heard in? | County court, supreme court |
| What are some possible outcomes/sanctions in criminal cases? | Imprisonment, Fines, Community based order/service |
| What is the presumption of innocence | Innocent until proven guilty |
| What does verdict mean? | Weather a person is guilty or not guilty |
| Define Homicide | The killing of another person without legal justification. |
| Define Murder | The intentional unlawful killing of another person with malice aforthought, committed by a person of the age of discretion and a person of sound mind. |
| What is the age of discretion? | 10 |
| Define malice aforethought | The mental element of only murder/homicide cases. |
| What is the maximum penalty for murder in Australia? | Life imprisonment |
| Define civil law | Civil law regulates disputes between individuels, groups and organisations. Civil law enables people to enforce where harm has occurred |
| Define civil liability | A term used to describe the legal responsibility of a party for loss or harm caused to another party because of a breach of civil law. |
| Example of civil law | Negligance, tresspassing, family law, will and inheritance laws. |
| What is the aim of civil law? | Protect the rights of individuels and groups in society. |
| Who takes action in civil law? | Plaintiff takes action against the defendent. |
| In civil law who hears the case? | Judge, or judge and jury of 6. |
| What is the standard of proof in civil law? | On the balance of probability. |
| Who has the burden of proof in a civil law case? | Plaintiff |
| What is the verdict in a civil case? | Liable or not liable |
| Possible outcomes for a civil case? | awarded a remedy, which is comoensation of loss. |
| Define torts | A tort is a term that means 'wrong'. A wrong that intefers with a persons legally protected interests. |
| Example of a tort | Defamation tort, negligence tort, trespass tort. |
| Define negligence | A persons failure to follow duty of care. |
| Define Defamation | A individuals good name or reputation is damaged through false information/publicity. |
| What is a contract? | Legally enforceable agreements made between individuals or companies. |
| Define deminished responsibility | Available for murder cases where someone lacks a mens rea, and can therefore me accused of manslaughter. This allows for more flexible sentencing. |
| Define doli incpax with example | Lacking the ability to be guilty of an offence; for example children under 10 years old |
| Explain diminished responsibilty for children under 10 | Children under 10 cannot be charged with a crime |
| Explain diminshed responsibilty for 10-13 year olds | Can be charged with a crime if the prosecution proves a mens rea and that they knew their actions were wrong at the time of crime. |
| Explain diminshed responsibilty for 14 year olds and over | Can be charged with a crime |
| List possible sanctions for a child under 10 | The child can be disciplined by parents or teachers, a notification can be made to child protection that the child is being inappropriately supervised or cared for, or the child could be referred to counselling. |
| Define diminshed responsibility by means of automatism | The defence automatism may be raised in a case where the accused commits a offence while Sleeping/sleepwalking, suffering a concusion, during an epiletic sezuire, as a result of medical condition or because of a side effect of the proper use of medication |
| Define diminshed responsibility by means of intoxication | At the time of the offence the accused acted involentry or without intent due to being in an intoxicated state as result of consuming alcohal, drugs, or other substances. |
| What are the 2 requirements for establishing diminished responsibilty by intoxication? | Involentry (Forced in some way to consume substance) By following standard medical/manufactures instructions the drug intoxicates you |
| What is the One Punch Law? | If someone punches someone once and they die as a result of the punch, the accused is sentenced 10 years jail |
| Define manslaughter | The unlawful killing of another person due to a reckless, dangerous act or negligent behaviour, without malice aforethought |
| List 3 examples of homicide | Culpable driving, child homicide, infantcide |
| What is a criminal defence used for? | A defence to a crime is a justification or lawful 'excuse for committing crime'. If succesfuly argued a defence may lead to an accused being found not guilty or found guilty of a lesser charge. |
| Define the criminal defence 'Accident' | A unexpected result of an act that was done with no intention of wrong. Their actions must be involuntry, unintentional or reasonably unforeseeable by an ordinary person. |
| Define the criminal defence 'Self defence' | In murder cases the accused msut believe their actions were necessary to protect themselves or another person from death or significant injury. It must also be proved that their actions were a reasonable responce in the circumstances. |
| Define the criminal law 'Duress' | Duress is strong mental pressure on someone to overcome the independent will, and force them to do something against their own will. |
| Example of duress | A threat made against the accused that will be carried out if the offence was not commited. (Only used to defend murder cases) |
| Define mens rea | The mental state of mind of the accused at the time of the crime. Prosecution must prove a guilty mind and that it was committed with purpose. |
| What is the seperation of powers? | Parliament, Executive and Judiciary being seperate and acting independently without interference from each other. This stops each on from becoming too powerful in the system. |
| What are the three powers? | Parliament, Judiciary, and Executive. |
| What are the commonwealth courts? | federal circuit and Family court, and Federal court, High Court. |
| What Division is family law heard in in the Federal Circuit/Family court? | Divison 1 |
| What are the State/Territory courts? | Magistrates court, County court, Supreme court, and High Court. |
| What is the final court of appeal? | The High Court. |
| What court resolves disputes in law between the state and commonwealth government? | The High Court. |
| Define diminshed responsibilty by means of mental impairment | Proving that the accused has a mental disorder or interlectual disability at the toime of the crime, and that disorder caused them to not be able to form a mens rea and intent. |
| Define civil liabilty | A term used to describe the legal responsibility of a party for loss ot harm caused to another party because of a breach of civil law. |
Created by:
lanicrowe
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