What is a law or legal rule?
A law is a rule that applies to all in a society
Created by law making body (court, parliament)
Enforced by courts, police
What are characteristics of an effective law
Reflect society's values enforcable known clear and understood stable and consistent
Why do we have laws
Establish a code of conduct
Protects the community
Reflects changing values and circumstances
To resolve disputes
What is the federal court hierarchy?
High Court
Federal Court of Australia
Federal Circut Court
What is the Tasmanian court hierarchy?
(Federal Hierarchy)
Supreme Court (Court of appeals)
Supreme Court (Trial division)
Magistrates Court
What are types of criminal law crimes?
Crimes against person Crimes against property Crimes against morality (illegal drugs) Crimes against the legal system (perjury lying under oath) Crimes against the state
What are types of civil law crimes?
Tort law (nuisance, negligence (failure of duty of care), trespass, defamation
Family law
Consumer law
Industrial + Workplace law
What is the burden of proof for a criminal case?
Prosecution must prove why accused is guilty beyond reasonable doubt (innocent untill proven guilty)
what is the burden of proof for a civil case?
Judge must decide the case on the balance of probabilities
what are the 5 aims of criminal punishment
retribution (justice) deterrence denouncement protection rehabilitation
how are civil disputes resolved (and what are the types?)
remedy - restoring the plaintiff to before the incident occurred though damages or an injunction.
what are the different types of damages
compensatory - to compensate injury pain suffering humiliation
nominal - for infringed rights but no harm
exemplary -
contemptuous - plaintiff has a legal right but not a moral right
what are the different types of injunctions
restrictive - stopping someone from doing something
mandatory - making someone do something
what are the aims of criminal law?
protection
public order or social cohesion
protects/upholds the rule of law
uphold human rights
what is the rule of law
everyone is equal before the law
everyone is to obey the law
everyone is entitled to the concept of innocent until proven guilty or the presumption of innocence
what is the presumption of innocence?
the guarantee that someone accused of a crime will be treated as such unless they are proven guilty beyond reasonable doubt
what defines a crime?
an act or omission that breaks an existing law harmful to an individual or society punishable by law includes the two elements of crime guilty mind + guilty act (mens rea + actus reus)
what is the age of criminal responsibility in Australia?
under 10 “doli incapax” incapable of evil
10-13 can be charged if prosecution proves they understand their actions
14+ can be charged
what is statute law?
law made by parliament passed by bills and 3 readings
what is common law?
law made by courts through statutory interpretation or a new decision (and precedents)
how is law changed?
Through law reform institutes or bodies
protests/pressure groups