Unit 3 AOS 1
Identify the standard of proof in a criminal trial.
Beyond a reasonable doubt
Name one dispute resolution body (other than the courts).
CAV or VCAT
Define s.109.
If there is an inconsistency between state and federal legislation, the state legislation will be invalid to the extent of the inconsistency, and the federal law will be valid.
What is a petition?
Formal written request to Parliament to change the law.
Name the 3 principles of justice, and the key terms for each of them.
Fairness - participation, open, impartial; Access - engage, informed basis; Equality - formal equality (same/both), substantive equality (disadvantage/disparity, adjustments)
Identify 3 differences between summary and indictable offences.
1. Name of Act (Summary Offences Act v. Crimes Act); 2. Seriousness of offence; 3. Seriousness of harm caused; 4. No/jury; 5. Hearing v. Trial; 6. Court heard (MC v. CC/SC)
Define a class action.
7 or more plaintiffs with the same claim against the same defendant based on the same/similar facts.
What is the division of powers between state and federal parliaments?
DIV-REC - residual, concurrent, exclusive
Name 1 reason for law reform and 1 reason for Constitutional law reform.
How do you structure Evaluate questions?
Explain boths sides including pros and cons of each. State the most effective method.
Plea negotiations are appropriate when...
Accused is willing to plead guilty; avoid trial b/c traumatising to victims; accused willing to cooperate; weaker prosecution evidence; accused is represented.
Describe 2 types of damages, with examples.
General damages - unquantifiable, pain & suffering, e.g. anxiety/PTSD; Specific damages - quantifiable harm, e.g. medical bills.
Describe one way to develop/avoid precedent.
RODD - e.g. reverse a precedent (on appeal from lower court), means new precedent developed by higher court.
1. Cth parliament pass a Constitutional Amendment Bill (both houses or same house x2 after 3months); 2. People vote (Double Maj. - maj. votes in Aus AND maj. votes in maj. states); 3. Crown (royal assent).
What must you do in Section B of the exam.
Refer to the case study in all your responses.
Which right of the accused could link to access? Justify your response.
Right to trial by jury - community can engage in decision-making; Right to silence - choose not to speak based on information from lawyer/VLC/CLC; Right to be tried without unreasonable delay - engage with the system in a timely manner.
What is one difference between CAV & VCAT's jurisdiction?
CAV only hear residential tenancies and consumer issues only from the tenant/consumer; VCAT hear more matters (e.g. huma rights list) and can hear complaints from landlords and/or businesses
What information do you need to explain representative government?
s.7 & 24 - "directly chosen by the people" = representative government = right to vote.
Name two findings from the Stalking Inquiry
Need for community education around stalking. Courts should have the power to make interim intervention orders on behalf of victims, PSIO system should be improved, Victims should be supported by independent advocates, victims should have easier access to financial and practical support. The Crimes Act 1958 should be amended to make the stalking offence clearer.
Name 3 acronyms we have used in class. State what the letter stands for.
VLRC, VLA, CLC, VCAT, CAV, POJ's etc.
How is the amount of a fine expressed?
Penalty units
Provide 1 example of a case management power of the judge/magistrate.
Discovery; mediation; give directions (time & documents)
What happened as a result of the Brislan case?
Williams lost - Cth gained legislative power over radios, power concurrent (was assumed to be residual)
How are demonstrations ineffective at influencing law reform?
Negative attention/violent/breach the law, difficult/time consuming to arrange, single events AND MPs do not want to align themselves with violence/small numbers do not get MPs attention, no ongoing support to convince MPs to support isse.
List all the case studies you must know before the exam.
Yoorrook, Stalking, 1967 Referendum, 2023 Referendum, Brislan or Tasmanian Dams Case