Definitions
Define "Laws"
A set of rules that are officially recognised by the state. Laws set out the rights and responsibilities of individual members of the community
Define Precedent
an earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances.
The person who is accused of a criminal or civil wrong, in a criminal case also known as the accused
Give examples of property crimes
1. Burglary
2. Theft (larceny)
3. Receiving stolen goods
4. ARSON
5. Forgery
To keep people out of the courts
Define "Crime"
An action which constitutes an offence and is punishable by law
What is a jury
Members of the public who listen to all of the evidence in a court case and decide the verdict
What is the body of laws governing relationships between individuals and the state
Public Law
Define Embezzlement
Theft of funds by a person in trusted with those funds
When may ADR be used
After other processes don't work
An offence that can be heard by a magistrate sitting alone rather than a judge and a jury
Eg road traffic offences, property damage, unlicensed driving
Summary offences
Define justice
A combination of a quality and fairness
What is the level of proof required in order for the party that has the burden of proof to succeed
Standard of proof
Define white collar crime
Non-violent crimes committed by an individual or corporation to obtain a personal or business advantage
What is the ADR practitioner's role
Assist those in a dispute to resolve the issues between them
An offence considered by society to be very serious, is heard by a judge and jury after a committal hearing
Indictable offences
Define original jurisdiction
The power of a court to hear a case for the first time
A penalty or punishment imposed for breaking the law
Define Entrapment
Inducement by a public official to commit a crime that the defendant would otherwise not have committed
Who is the 3rd person in ADR
What is the intention or knowledge of wrong doing that constitutes part of a crime, as opposed to the action of the crime of the accused
Mens rea
What is a decision made on a point of law in a case, that is then binding in subsequent cases with similar facts heard in court of equal or lower jurisdiction.
A binding precedent
Define balance of probabilities
The standard of proof required in a civil case
Give an example of a public order crime
1. Prostitution
2. Drug Use
3. Gambling
What is the main difference between an arbitrator and a mediator
A mediator facilitates dispute, an arbitrator makes a legally binding decision