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Who is the Crown?
The King/Queen/Monarch.
What is a custom?
A traditional and widely accepted way of behaving or doing something that is specific to a particular society, place or time.
What is a rule?
A way of regulating behaviour that apply to certain people only.
E.g. school uniform rules.
What is a law?
Laws are formal rules which are different from rules or customs because they are created with authority, carry harsher consequences and regulate all members of a society.
e.g. dangerous driving laws.
An employee at McDonalds was caught taking loose notes from the till. What has been broken here: rule, law or custo?
Law: they have committed theft, which is a law that applies to all people (not just Macca's employees) and carries a heavy consequence.
Who has the authority to make laws?
The Government.
What is the standard of proof in a civil case?
What is the standard of proof in a criminal case?
Beyond a reasonable doubt.
What evidence is needed to establish actus reus?
CCTV footage, images, DNA evidence, weapons or items found at the crime scene.
A Corinda SHS student has stolen a teacher's laptop and send confidential emails to their classmates. What has been broken here: rule, law or custom?
Law: the student has committed theft. Even though they are a Corinda student, they have committed an offence that is punishable the same way to all Queenslanders.
Define mens rea.
The guilty mind: the mental intention behind a guilty act that must be established in most criminal offences.
Define actus reus.
The guilty act: the physical action that must be established in most criminal offences.
What is meant by the phrase 'elements of a crime?
The written definition of a crime laid out in in the law (Criminal Code Act Qld 1899).
What evidence could be used to establish mens rea?
Private journals, mental health reports, family statements, witness statements.
A man sets fire to his neighbours house. Before the fire, witnesses heard the man scream "I swear I'll burn ya house down the next time you look at me!".
Has actus reus or mens rea been established by the witness statements?
Mens rea.
What is the difference between civil and criminal law?
In civil law, two citizens may bring a dispute before the courts. In criminal law, it is the Crown which prosecutes the case.
What does the presumption of innocence mean?
The presumption of innocence is a foundation of western law that assumes one is innocent of any crime until proven guilty.
In a criminal case, who is the accused?
The individual who is believed to have committed a criminal offence.
Who has the authority to make rules?
School leaders, parents, coaches, employees.
A Corinda SHS student arrives to class with their Yondr in their locker. What has been broken: custom, rule or law?
Rule: the Yondr rules only apply to Corinda SHS students.
Define standard of proof.
The standard of proof is the degree that evidence must reach in the courts. Varies between civil and criminal cases.
The Crown/prosecution must prove guilt in criminal cases.
On whom does the burden of proof lay in civil cases?
The individual bringing the case against another person.
e.g. the plaintiff
What does Rex and Regina mean in latin?
King or Queen.
Used in the titles of all criminal cases: R v Smith.
An individual in a grocery line yells expletives at the check-out person. What has been broken: custom, rule or law?
Rule, law & custom.