Criminal Law
What is the standard of proof required in a Criminal case?
The case must be proven beyond a reasonable date.
What is a Plaint?
A matter to be resolved by a Civil hearing. (Complaint).
What are rights?
Legal or moral entitlements or permissions.
What is Defamation?
The act of making statements or suggestions that harm someone’s reputation in the community.
Name the two bodies with jurisdiction over International Law.
The International Court of Justice
The International Criminal Court
Name three elements of 'Murder'
- Malice aforethought
- Victim was human
- Accused is above age of Doli Incapax
- Accused caused the death
- Killing was unlawful
In the matter of Keppler v Bruin, what is the obvious grounds fr voiding the contract?
Mistake or Uncertainty of Terms.
What is negligence?
Carelessness; a tort that involves breach of a duty of care resulting in harm that could be foreseen.
What rights are
What is negotiation?
Name the two bodies that make up the executive of the United Nations.
The UN Security Council.
The United Nations General Assembly
Criminal Law can be divided into...
Statute and Common Law.
What is the basis of formation of contract?
The intent to create legal relations.
Name the two primary bodies of Law.
Statute Law & Case Law
Legisl. & Judge made.
What are the defences to Defamation?
Justification / Contextual Truth
Absolute Privilege / Qualified Privilege
Publication of Public Docs / Fair Report of Proceedings / Honest Opinion
Innocent Dissem / Triviality
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Name a country that is not a signatory to the ICC, and why.
The USA, will not allow a foreign power to assert authority over their citizens.
Who decides Guilt or Innocence in a Criminal Case?
The Jury
What steps are taken in completion of a contract?
- Invitation to Treat
- Offer
- Acceptance
- Consideration
What is the difference between a civil hearing and a criminal trial?
The standard of proof.
Name the elements of Defamation.
- The statement is defamatory
- The statement is untrue
- The defamatory statement refers to the plaintiff.
- The statement has been published by the defendant.
What two articles of the UN Charter determine the use of force?
- Prohibitions on Use of Force: Art 2(4) UN Charter
- Peaceful Settlement of International Disputes: Art 33 UN Charter
Where do I find details of Criminal Law in Victoria?
Crimes Act (1958) VIC
What are 'Terms'?
Express & Implied
Express - clearly stated orally or in writing by the parties.
Implied - unwritten, generally found in statute or common law.
A body is found after a house fire. Which court would examine the case?
The Coroners Court
Whats rights do Defamation laws protect?
• the right to freedom of expression
• the right to a character and reputation
• the right to have that reputation protected
• the right to seek effective and fair remedies
What are the elements of Jus Bellum?
- Military Necessity:
- Unnecessary Suffering:
- Proportionality:
- Distinction:
- Honor (or Chivalry):