Criminal Law Basics
What is the standard of proof in a criminal case?
Beyond reasonable doubt
What is the standard of proof in a civil case?
On the balance of probabilities
What is a sanction?
A penalty imposed by a court on a person guilty of a crime
What is the role of parliament in law-making?
To make and change laws
Define “fairness”.
Having impartial processes and fair hearings
Who has the burden of proof in a criminal case?
The prosecution
What is the main purpose of civil law?
To restore the plaintiff to their original position
Which court hears appeals from the Magistrates’ Court?
County Court or Supreme Court (Trial Division)
What is a precedent?
A legal principle established by a court decision
Define “equality”.
All people are treated the same before the law
Name two purposes of criminal law.
Protect individuals, maintain order, deter crime, punish offenders (any two)
Name one type of remedy.
Damages or injunction
Name two purposes of sanctions.
Punishment, deterrence, denunciation, rehabilitation, protection
Name one right protected by statute law in Australia.
Freedom of information, privacy, discrimination protections, etc.
Define “access”.
All people should be able to understand and pursue their legal rights
What is the difference between summary and indictable offences?
Summary = minor, heard in Magistrates’; Indictable = serious, heard in County/Supreme
What is defamation?
Publication of false information that damages a person’s reputation
What are the three institutions that enforce criminal law?
Victoria Police, AFP, delegated bodies (e.g. Consumer Affairs, EPA)
What is the difference between statute law and common law?
Statute = made by parliament; Common = made by courts
What does “burden of proof” mean?
The obligation of a party to prove a case
What is a strict liability offence? Give one example.
Offence where no mens rea required, e.g., speeding, selling alcohol to minors
Explain one type of damages.
Compensatory, nominal, exemplary, aggravated, contemptuous (any one with explanation)
What are the three types of criminal sanctions available in Victoria?
Fine, Community Correction Order (CCO), Imprisonment
How can individuals influence law reform?
Petitions, demonstrations, media campaigns, social media
What is the difference between criminal and civil law?
Criminal = offences against society; Civil = disputes between individuals/groups