Unit 1 AOS 1
- People should be able to understand court processes, have an opportunity to present their case, and rebut the other side's case.
- People should not necessarily be treated the same but if they are treated differently, it should be because of the laws that have been applied.
What is fairness?
The protection of one's person or property against some injury attempted by another.
What is self defence?
An area of law that defines the rights and responsibilities of individuals, groups and organisations in society and regulates private disputes.
What is civil law?
A penalty determined by a magistrate or judge and imposed upon an offender who pleads guilty or is found guilty of a criminal offence
A monetary award to compensate a victim for losses, such as pain and suffering, that do not involve specific measurable expenses.
What is General Damages?
- Reflect society's values
- be enforceable
- be known
- be clear and understood
- be stable
What is characteristics of an effective law?
A person who impedes the apprehension, prosecution, conviction or punishment of the principal offender.
What is an accessory?
A term used to describe any order made by a court designed to address a civil wrong or breach
What is a remedy?
Circumstances of an offender or offending that may decrease the severity of the sentence.
What is a mitigating factor?
The number of jury members in a civil trial?
What is six?
The lower house of the commonwealth parliament?
What is House of Representatives?
The temporary release of an accused person awaiting trial, sometimes on condition that a sum of money is lodged to guarantee their appearance in court.
What is bail?
The standard of proof in civil disputes. This requires the plaintiff to establish that it is more probable than not that his or her side of the story is true
What is on the balance of probabilities?
A randomly selected group of 12 community members who listen to all of the evidence in a case and decide the verdict in a criminal trial (i.e. whether the accused is guilty or not guilty).
What is a jury?
Court order forcing you to do something
eg - keeping someone employed
What is a mandatory Injunction?
For legislation to be effective, courts must apply the statutes to the cases before them. To do this, it is sometimes necessary for a court to interpret the meaning of the words in a statute.
What is statutory interpretation?
A document issued by a legal or government official authorising the police or another body to make an arrest, search premises, or carry out some other action relating to the administration of justice.
What is warrant?
The voluntary acceptance of the risk of injury. The plaintiff was aware of an obvious risk and they voluntary chose to take the risk.
What is a assumption of risk?
A non-custodial sanction that requires an offender to comply with a range of conditions determined by the court including not re-offending and at least one other condition such as undertaking community service or medical treatment.
What is a community correction order?
Method of nonbinding dispute resolution involving a third party called the conciliator who tries to help disputing parties reach a mutually agreeable decision
Concilation
Parliament, as the supreme making body, is able to change or override (abrogate) common law.
What is abrogation?
A crime that does not require the Crown to prove that the defendant intended to commit an offence
What is a strict liability offence?
The time within which a wronged party must sue the wrongdoer.
Once time has passed, defendant can raise a defence that the plaintiff is too late to obtain any form of remedy.
What is a limitation of actions?
The right of an accused to challenge a prospective juror for no reason. An accused has three of these challenges in a criminal trial.
What is peremptory challenge?
Helps to resolve disputes in relation to various small civil claims
What is VCAT?