Year 11 Legal Concepts
Judges make law through refering to past decisions when deciding cases.
Precedent
A crime is defined as conduct that is punishable by the state—true or false?
True
Police must usually have this to enter private property.
A warrant
This person decides questions of law during a trial.
Judge
This defence applies when the accused acted to protect themselves or another from an immediate threat.
Self-defence
Laws made by parliament are known by this term.
statute law (legislation)
This term refers to the guilty act of a crime.
Actus reus
This legal right allows a suspect to refuse to answer police questions.
Right to silence.
This party must prove the case in a criminal trial.
Prosecution
This defence argues that the accused lacked the required mental element due to a mental condition.
Mental illness.
This term describes the notion that no one is above the law
Rule of law
This term refers to the guilty mind required for most crimes.
Mens rea.
This safeguard requires police to inform suspects of their rights, including access to legal advice.
The caution.
This hearing determines whether there is enough evidence for a case to proceed to trial.
Committal hearing.
Self-induced intoxication is a defence in NSW. True or false.
False.
This is created when courts clarify or develop law through their decisions.
This type of offence is dealt with in the Local Court and is less serious.
Summary offence.
This occurs when police formally accuse a person of a crime.
Charge.
This group determines guilt or innocence in indictable trials.
Jury
This defence requires a threat of serious harm or death, and leaves the accused with no reasonable alternative.
Duress
This High Court case established the concept of native title in Australia.
Mabo v Queensland (No 2)
This standard of proof is required in criminal cases.
Beyond reasonable doubt.
This legislation protects individuals from the unlawful use of police powers.
Law Enforcement (Powers and Responsibilities) Act 2002
If the accused does this, the case will skip a trial and proceed straight to sentencing.
Pleading guilty.
This partial defence may reduce murder to manslaughter when the accused lost self-control due to the actions of the victim
Extreme provocation