AOS1
identofy one right an individual has when arrested and questioned by police
-remain silent
-To have a guardian/carer if the suspect is a minor (under 18 years)
-To not answer until their legal representative is with them
what is the role and composition of a jury in a criminal case
Roles: Listen to evidence, concentrate during trial, come to a verdict (Students should pick one)
Composition- 12 jurors
Provide an example of Tribunals, Ombudsmen and Complaints bodies with a jurisdiction in Victoria
An example of a Tribunal with jurisdiction in Victoria is the Public Transport Ombudsman.
Other possible answers for tribunals:
VCAT - victorian civil and administrative tribunal
VOCAT - Victims of crime assistance tribunal
Mental health tribunal
An example of an ombudsman with jurisdiction in Victoria is the Public Transport Ombudsman.
Other possible answers for ombudsmen:
Victorian Ombudsman
Energy and Water Ombudsman Victoria
An example of a complaints body with jurisdiction in Victoria is Consumer Affairs Victoria.
Other possible answers for complaints bodies
CAV - Consumer affairs victoria
DSC - disability services commissioner
HCC - health complaints commissioner
VEOHRC - victorian equal opportunities and human rights commision
Outline the role and composition of a jury in a civil trial
One role of a civil jury is to listen to evidence. This means that jurors must actively engage with evidence and arguments presented in court, paying close attention as both the plaintiff and the defendant put forth their positions.
A civil jury comprises 6 jurors selected randomly from the electoral list.
Other possible answers for roles:
Concentrate during trial
Deliver the verdict- liable or not liable
Decide on the amount of damages (except for in Defamation cases)
how are rights protected in aus
-Victorian Charter of Human Rights and Responsibilities Act
-Statute Law
-common law
-constitution
What is a delegated body? give an example
These bodies are known as delegated bodies because they are delegated (or given) power by the parliament to make and/or enforce laws.
Consumer Affairs Victoria
Environmental Protection Authority(EPA)
Local councils
State Revenue Office (SRO)
VicRoads
Victoria Work Cover Authority
Define fine. Discuss the extent to which a fine could achieve two purposes of sanctions.
A fine is a monetary penalty imposed by a court or authority on an individual or entity as a form of punishment or sanction for violating the law
Two purposes of sanctions fines seek to achieve are punishment and general deterrence.
Distinguish between a restrictive injunction and a mandatory injunction
A restrictive injunction stops someone from doing something whereas a mandatory injunction is sought when a person wishes to compel someone to do a particular act.
Distinguish between specific and general damage
Specific damages are awarded to compensate the wronged party for losses that can be objectively and exactly (specifically) calculated, whereas general damages are awarded to compensate the wronged party’s pain and suffering which cannot be objectively calculated.
what is the difference between being a signatory and ratifying
rat-making the document part of law
sig-showing intent
what is the criminal jursidiction of the magistrates and supreme court
magistrate -summary offences, indictable offences heard summarily, committal proceedings and bail and warrant applications.
supreme- serious indictable offences.
what is the original and appellate criminal jursidction of the county court
indictable offences except for murder, attempted murder, certain conspiracies and corporate offences.
County Court ‘s appellate jurisdiction is to hear appeals from Magistrates court on a conviction ot sentence.
Compare mediation and conciliation as alternative methods of civil dispute resolution
One similarity between mediation and conciliation is that both processes involve the use of a neutral third party to facilitate communication and negotiation between disputing parties. Another similarity is that they aim to help the parties reach mutually acceptable solutions without having to involve a formal court trial.
One difference between mediation and conciliation is that in mediation, the mediator is not able to offer opinions or solutions due to the lack of their expertise in the subject matter of the dispute,whereas, in conciliation the conciliator may take a more active role in proposing solutions or providing recommendations to the parties due to their specialised knowledge.
Explain the purpose of damages as it relates to civil law
The purpose of damages is to have the wronged party returned to the original position (the position before the loss occurred) as much as possible. This means that the rights of the wronged party which were violated by the wrongdoer will be restored to an extent. For example, if a person suffers physical injury due to the negligence of another, the injured party will be awarded damages (monetary compensation) which is sought to compensate for the financial losses suffered such as hospital bills, medical expenses, missed earnings, etc caused by the injury, to put the injured party back to their original financial position as much as possible.
what is an implied right. give an example what is an express right. give an example
implied- not written in consititution but exists through high court interpretation of the constitution
-freedom of political communication
express-
explicitly written in constitution
-trade and commerce
-just terms property acquisition
-trial by jury for indictable
-limited freedom of religion
-freee interstate trade and commerce
Define community correction order. Discuss the extent to which a community correction order could achieve two purposes of a sanction
A community correction order (CCO) is a non-custodial, community-based sentencing option that allows offenders to serve their sentence under certain conditions, such as community service, rehabilitation programs, or supervision by a corrections officer, rather than in prison.
Two purposes of sanctions a CCO seeks to achieve are rehabilitation and protection.
With the use of examples, distinguish between aggravating and mitigating factors considered by a judge when handing down an appropriate sentence
Aggravating factors are circumstances or elements of a case that make the offence more serious, warranting a harsher sentence whereas mitigating factors are elements that, when present, may lead to a more lenient or reduced sentence. Some examples of aggravating factors are the use of a weapon, commiting an offence in front of children and prior convictions. Examples of mitigating factors include lack of prior offending, early guilty pleas and the minor nature of the offence.
Compare mediation and arbitration as alternative methods of civil dispute resolution
Similarities:
Both involve a third-party person who acts impartially.
Outcome of mediation can be made binding if parties sign ‘Terms of Settlement’, which is similar to the outcome of arbitration which is legally binding in nature.
Differences:
Mediation uses a mediator whereas Arbitration involves an arbitrator.
Outcome of mediation is an agreement which is not legally binding, whereas the outcome of arbitration is an arbitral award which is legally binding.
The parties in dispute can take the matter to mediation with no prior agreement to do so, but arbitration is not an option unless parties have previously agreed to attend arbitration or are directed for arbitration by courts.
what is the original and appellate civil jurisdiction of the magistrates court
original jurisdiction to hear cases with claims up to $100 000
no appellate jurisdiction
compare aus approach to right protection to that of usa
The US Constitution has a detailed and extended list of rights compared to Australia’s 5 express rights.
US upholds their rights broadly and generally and the rights are fully enforced, while Australians’ rights are limited.
Eg: Right to religion in the US is broad and general, while the same right in Australia is limited.
A number of rights explicitly protected by the US Constitution are not mentioned in the Australian Constitution.
Eg: Right to keep and bear arms, freedom of speech, right to equal protection under the law
-high court interpretation
-express and implied
-
Describe each of the five purposes of a sanctions.
Punishment: Sanctions serve the purpose of punishment by imposing consequences or penalties on individuals who have violated laws or regulations. This aims to hold wrongdoers accountable for their actions and provide a form of retribution for their offences, helping to maintain the moral and legal order in society.
ii. Deterrence (General and Specific): General deterrence as a purpose of sanctions seeks to discourage potential offenders from engaging in unlawful activities by imposing severe consequences faced by those who violate the laws. This aims to create a sense of fear among the members of the general community, discouraging them from committing similar offences. Specific deterrence is the aspect of sanctions designed to discourage the individual being sanctioned from repeating their unlawful behaviour in the future. By experiencing the negative consequences of their actions, the hope is that they will be discouraged from engaging in similar wrongdoing and will choose to act lawfully in the future.
iii. Denunciation: Sanctions also serve the purpose of denunciation by showing courts’ and the general public’s condemn and disapproval of the wrongful actions or conduct of the offender. This not only signals that the behaviour is unacceptable but also helps to maintain public confidence in the legal system by reaffirming the community's shared values.
iv.Protection: The purpose of protection in sanctions involves safeguarding society or potential victims from harm posed by the individual or entity being sanctioned. This may include imposing restrictions or removing the offender from society to prevent further harm and ensure the safety of others. It aims to minimise the risk that an offender poses to the community.
v.Rehabilitation: Rehabilitation as a purpose of sanctions focuses on helping the offender reintegrate into society as a law-abiding citizen. It aims to address the underlying issues that may have contributed to the offender's offending behaviour (such as mental health issues or addictions), providing support, education, and treatment to promote their personal growth and reduce the likelihood of future offences.
Explain the purpose of the Drug Court. Identify the eligibility criteria needed to have one’s case heard in this court
The primary purpose of a Drug Court (DC) is to address the underlying issues of drug addiction among offenders. This means that DC aims to provide an alternative to traditional criminal justice processes by offering rehabilitation, treatment, and support to eligible individuals, with the goal of reducing drug-related offences and promoting recovery.
To have one's case heard in a Drug Court, individuals typically must meet the following eligibility criteria: They must have a substance abuse or addiction issue that is a significant contributing factor to their criminal behaviour. Additionally they must be willing to participate in drug treatment programs and adhere to the court's conditions. Also they must not have a history of violent or serious offences.
What is the original and appellate civil jurisdiction of the supreme court
Supreme Court - Trial division- Supreme Court - Trial division has original jurisdiction to hear cases with claims above $100,000, and can hear appeals from Magistrates Court and VCAT (decisions made by a member of VCAT).
Supreme court- Court of appeal- Trial division has no original jurisdiction, but hears appeals from Magistrates Court and VCAT (decisions made by Vice President or President)
what is the original and appellate civil jurisdiction of the county court
original jurisdiction to hear civil claims above $100,000
can not hear appeals unless given by a specific Act of Parliament
how did the mabo case impacts rights and hte legal system of aus
mpact on individuals: Mer people’s land rights recognised by the case decision
Impact on the legal system: Terra nullius was abolished and the common law principle called native title was established (these are the legal principles too)
Following the decision, Commonwealth Parliament codified native title by passing Native Title Act (1993) which set out the rules applicable to deciding native title, resolving disputes arising from native title. This Act also established the Native Title Tribunal.