Legal Foundations
SOURCES & TYPES OF LAW
CRIMINAL LAW CONCEPTS
CRIMINAL JUSTICE SYSTEM
SENTENCING
100

What are the three principles of justice?


Fairness, equality and access.

100

What is law made by parliament called?


Statute law.

100

What is the presumption of innocence?


A person is considered innocent until proven guilty.

100

Which organisation is primarily responsible for enforcing criminal law in Victoria?


Victoria Police.

100

What is the purpose of punishment?


To make the offender suffer consequences for their actions.

200

Name one role that laws play in society.


Any one of:

  • Maintain social cohesion
  • Protect rights
  • Resolve disputes
  • Maintain order 
200

What is law made by judges through decisions called?


Common law.

200

What is the physical element of a crime called?


Actus reus.

200

What is the role of a jury in a criminal trial?


To determine guilt or innocence based on the evidence.

200

What is the purpose of rehabilitation?


What is the purpose of rehabilitation?


300

What characteristic of an effective law means that people know about the law and can access it?


The law is known.

300

What type of law deals with disputes between individuals or organisations?


Civil law.

300

What is the mental element of a crime called?


Mens rea.

300

Which Victorian court hears the most criminal cases?


The Magistrates' Court.

300

What sanction requires an offender to comply with conditions while remaining in the community?


A Community Correction Order (CCO).

400

Which institution makes statute law in Victoria?


Parliament.

400

What type of law deals with offences against society as a whole?


Criminal law.

400

What standard of proof must the prosecution meet in a criminal case?


Beyond reasonable doubt.

400

Give one difficulty faced by Young people in the criminal justice system.


Any one:

  • Lack of understanding of legal processes and terminology
  • Limited awareness of their legal rights
  • Greater vulnerability when interacting with police and other authorities
  • Difficulty accessing legal representation or support services
  • Peer pressure or family circumstances influencing offending behaviour
  • Communication difficulties due to age and maturity
  • Increased likelihood of being intimidated by the court environment
400

Name two factors a judge may consider when sentencing an offender. 

With examples.


Mitigating and Aggravating factors 

  • Prior criminal record
  • Remorse
  • Plea of guilty
  • Nature and seriousness of offence
  • Personal circumstances
500

Provide two reasons why Victoria has a court hierarchy.


Any two:

  • Appeals can be heard
  • Specialisation
  • Administrative convenience
  • Development of precedent 
500

State one key difference and one similarity between criminal and civil law.


Difference:

  • Criminal law involves offences against society.
  • Civil law involves disputes between parties.

Similarity:

  • Both are heard by courts.
  • Both apply legal rules.
  • Both seek justice.
500

What is strict liability?


An offence where mens rea does not need to be proven.

500

Explain the balance between institutional powers and individual rights.


Explain the balance between institutional powers and individual rights.


500

Explain one alternative approach to sentencing and how it can achieve justice.


Examples:

  • Drug Court
  • Koori Court
  • Diversion Program

Students must explain how it addresses offending behaviour, improves access, promotes rehabilitation, or enhances fairness.

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