Legal Foundations
What are the principles of justice?
Fairness, Equity, Access
Identify one purpose of criminal law
Protect individuals/ Protect property / Maintain public order and maintenance / Protects justice and the rule of law / Protects rights / Improves society generally
Identify one type of civil law
Contract law / Negligence / Wills / Nuisance / Defamation
Identify one purpose of sanctions
Punishment / Deterrence (General and Specific) / Denunciation / Protection
The Australian Constitution / The Common Law / Victorian Charter of Human Rights and Responsibilities / Legislation / International Treaties
Identify one role laws play in regulating social cohesion.
Laws give guidelines of what we have to do and how to behave/ Laws apply to everyone / Laws provide a way for people to resolve disputes and conflicts / Laws make people aware of the consequences for going against societies expectations.
Finish the sentence: "It is better that ten guilty persons than..."
...than that one innocent suffer
Identify two types of loss or harm that entitle someone to a remedy
economic or financial loss / property damage / personal injury / pain and suffering / loss of amenity
Outline the stages of a criminal case
In which year was the Victorian Charter of Human Rights and Responsibilities made?
2006
Outline three characteristics of an effective law
1. Reflect society's values
2. Be enforceable
3. Be known to society
4. To be clear and understood
5. To be stable
In a criminal case, who has the burden of proof and what is the standard of proof?
In a criminal case, the burden of proof lies with the prosecution and the standard of proof is beyond reasonable doubt.
Outline the possible scenario where an employer can be a party to a civil dispute
An employer can be a party to a civil dispute when one of their employees commits a wrong in the course of their employment. This is call vicarious liability
Draw the Victorian court hierarchy
Identify the three implied rights contained within the Australian Constitution
1) Right to freedom of political communication
2) Right to vote
3) Right to due process
Explain what is meant by a bicameral system of parliament
A bicameral system of parliament means that the parliament contains a head of parliament (governor general in Federal parliament and governor of Victoria in the Victorian parliament), then two seperate houses. Laws must pass through all three of these limbs of Parliament.
Outline the elements of a crime
For a crime to be committed the following two elements need to be satisfied: the actus reus, which is the guilty act or physical wrongful action; and, the mens rea, which is the guilty mind or that the person knowingly and wilfully committed the wrongful act
Describe causation
The plaintiff needs to prove that the actions of the defendant caused or resulted in the harm they suffered, and that this harm only occurred because of the plaintiff's actions.
Describe mediation
Mediation is a dispute resolution method that involves two parties using a mediator to talk through their issues, consider alternatives and negotiate an outcome instead of going to court. The mediator is an impartial third party who does not interfere in the parties to an agreed resolution.
What is the name of the principal of Staughton College?
Mr. Lord
Explain the concept of common law
Common law is judge made law. Judges will make law through statutory interpretation and where this is not stature to apply to the case in front of them. Judges within the court hierarchy follow the doctrine of precedent set by higher courts.
Explain the difference between a principal offender and someone who is an accessory to a crime (including the two stage test that needs to be satisfied for someone to be considered an accessory to a crime).
A principal offender is someone who has committed the actus reus and mens rea of a crime while an accessory to a crime is someone who assists a principle offender in committing a crime. For someone to be considered an accessory to a crime, they must 1) have known or believed to have known that the principle offender was committing a crime; and 2) have done something to stop the offender being arrested, prosecuted, convicted or punished for the crime.
Define defamation
A type of tort which involves damaging a person's personal or professional reputation in the community through the communication of false and untrue statements or information
What are Staughton's colours?
Red, Green and Yellow
Compare rights protection in Australia and the United States of America
In Australia, rights protection is mainly achieved through representative government and the separation of powers. Most rights are protected through legislation however there are some rights protected within the Constitution (express and implied). In the USA, rights protection is mainly achieved through the application of the Bill of Rights. The Bill of Rights contains many enshrined rights which citizens of the US can invoke to protect themselves.