Characteristics of an Effective Law
List the five characteristics of an effective law.
Be known
Be enforceable
Reflect society's values
Be clear and understood
Be stable
List the three principles of justice.
Fairness, Equality, Access
List the courts in the Victorian hierarchy from lowest to highest.
Magistrates', County, SC TD, SC of Appeals, HC
List the three sources of law.
Statute law, common law, delegated or subordinate law
Define crime
An act or omission that is harmful to society and punishable by the law.
What does it mean for a law to be enforceable?
If people break the law, it must be possible to catch and punish them, or sue them in a civil case. If this is not possible, people may be less inclined to follow the law.
List three barriers to achieving equality in the legal system.
Language and cultural barriers
Mental impairment
Learning disabilities
Physical disabilities
Explain two reasons why we have a court hierarchy.
To ensure cases are heard in a timely manner
To allow for appeals
For specialisation in areas and cases
To allow for precedent
Define statute law and provide another term for 'statute'.
Law made by parliament.
Legislation, Act of Parliament
Define civil action
Where the plaintiff suffers a loss, injury or infringement of rights due to the defendant’s behaviour and is seeking remedy in the form of compensation.
Give an example of a law that has been stable for a long period of time.
Stealing - the punishment changes rather than the crime.
T or F. Sometimes it is appropriate to discriminate against people in our legal system.
True, discrimination ensures that people's unique circumstances are catered for.
Explain the difference between original and appellate jurisdiction.
Original jurisdiction is the power to hear a case for the first time. Appellate jurisdiction is a courts ability to hear cases on appeal.
Describe the difference between binding and persuasive precedent.
Binding precedent must be followed by all lower courts within the same hierarchy.
Persuasive precedent can be referred to by courts, but it is not mandatory to follow.
What does the burden of proof refer to? Who has the burden of proof in both criminal and civil cases?
Burden of proof refers to who is responsible for providing evidence to support an allegation.
Prosecution
Plaintiff
Is saying ‘I didn’t know it was breaking the law’ an acceptable reasons for breaking the law?
No
Mandy cannot afford to pay for legal representation.Which POJ does this relate to and what solution is there for Mandy?
Access, VLA
Describe the original and appellate jurisdiction of the County Court.
Crim: Hears most indictable offences except for murder, manslaughter and treason. Civ: Hears cases over 100k
Can hear appeals from the Magistrates' Court
List the four ways of developing or avoiding precedent.
Distinguishing, reversing, overruling, disapproving
What does the standard of proof refer to? Who has the standard of proof in both criminal and civil cases?
The standard of proof is the extent to which the judge and/or jury must be satisfied to give a verdict.
Beyond reasonable doubt, on the balance of probabilities.
Explain why laws must reflect society's values.
If a law is in line with society’s current values, then members of society are more inclined to follow that law than disregard it.
Emily and Van were in court. The judge allowed Van to make his closing statements but denied Emily the opportunity to make hers. Which POJ does this relate to and what could be done to rectify this?
Fairness, strict rules of procedure were not followed by the judge. Emily needs to opportunity to give her closing statement.
Explain how many jurors are present in a criminal case and a civil case.
12 and 6
Name the case that established the principle of negligence in Australia. What were the facts of this case?
Grant v Knitting Mills
Explain the aim if civil law.
The purpose of civil law is to compensate people for wrongdoing brought against them. In civil cases, they are seeking a remedy. A remedy addresses a civil wrong and aims to restore the plaintiff to the position they were in before they were wronged.