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Flashcards in Unit 1 Deck (21)
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1
Q

What is a law or legal rule?

A

A law is a rule that applies to all in a society
Created by law making body (court, parliament)
Enforced by courts, police

2
Q

What are characteristics of an effective law

A
Reflect society's values
enforcable
known
clear and understood
stable and consistent
3
Q

Why do we have laws

A

Establish a code of conduct
Protects the community
Reflects changing values and circumstances
To resolve disputes

4
Q

What is the federal court hierarchy?

A

High Court
Federal Court of Australia
Federal Circut Court

5
Q

What is the Tasmanian court hierarchy?

A

(Federal Hierarchy)
Supreme Court (Court of appeals)
Supreme Court (Trial division)
Magistrates Court

6
Q

What are types of criminal law crimes?

A
Crimes against person
Crimes against property
Crimes against morality (illegal drugs)
Crimes against the legal system (perjury lying under oath)
Crimes against the state
7
Q

What are types of civil law crimes?

A

Tort law (nuisance, negligence (failure of duty of care), trespass, defamation
Family law
Consumer law
Industrial + Workplace law

8
Q

What is the burden of proof for a criminal case?

A

Prosecution must prove why accused is guilty beyond reasonable doubt (innocent untill proven guilty)

9
Q

what is the burden of proof for a civil case?

A

Judge must decide the case on the balance of probabilities

10
Q

what are the 5 aims of criminal punishment

A
retribution (justice)
deterrence 
denouncement
protection
rehabilitation
11
Q

how are civil disputes resolved (and what are the types?)

A

remedy - restoring the plaintiff to before the incident occurred though damages or an injunction.

12
Q

what are the different types of damages

A

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

13
Q

what are the different types of injunctions

A

restrictive - stopping someone from doing something

mandatory - making someone do something

14
Q

what are the aims of criminal law?

A

protection
public order or social cohesion
protects/upholds the rule of law
uphold human rights

15
Q

what is the rule of law

A

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

16
Q

what is the presumption of innocence?

A

the guarantee that someone accused of a crime will be treated as such unless they are proven guilty beyond reasonable doubt

17
Q

what defines a crime?

A
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)
18
Q

what is the age of criminal responsibility in Australia?

A

under 10 “doli incapax” incapable of evil
10-13 can be charged if prosecution proves they understand their actions
14+ can be charged

19
Q

what is statute law?

A

law made by parliament passed by bills and 3 readings

20
Q

what is common law?

A

law made by courts through statutory interpretation or a new decision (and precedents)

21
Q

how is law changed?

A

Through law reform institutes or bodies

protests/pressure groups