Basic Legal Concepts
Outline three elements of laws
Apply to everyone, legally binding, officially recognised, enforced by police and courts
What is common law
Judge made law
What is the standard of proof in a criminal case
Beyond reasonable doubt
Outline the conditions that give rise to law reform
values, justice, technology
Which legislation governs police powers and responsibilities
LEPRA
Describe the characterisics of just laws
Discoverable (they must be known), fair and upholds hman rights
Explain the operation of the separation of powers
Legislature, judiciary and executive
What is the branch of law dealing with the relationship between the state and individuals
Public law
Name three agencies of law reform
Media, ALRC, NGO's, Government comittees
Which common law precedent did Dietrich v The Queen
Legal Representation should be provided
Define anarchy
A situation where there is an absence of leadership and government
Explain the operation of the division of powers
Federal Exclusive and state residual. when overlap = concurrent
Which classification of law deals with negligence
Civil law:Tort law
Name two mechanisms of law reform
Courts, parliaments, UN, IGO's
Explain the principle of doli incapax
Children under 10 cannot be guilty of committin a crime
Outline two elements of procedural fairness (or natural justice)
The right to have a trial
The rights to be heard by a fair and unbiased decision maker
The right to have decision based on evidence
Where state and federal goverment have concurrent legislative power which level of government has priority - Provide an example
Federal - Mabo, Tasmanian Dam
Who has the burden of proof in a criminal trial
The prosecution
What does the concept terra nullius mean
Land belonging to noone
What type of cases are the following
1. R v Johnson 2012
2. Whitfield v Joyce 2022
3. Joyce v R
1. Criminal case
2. Civil
3. Appeal
Name the fundamental principle that our legal system is based on AND provide ONE example of how it is applied.
Rule of law - Independence of the judiciary (separation of powers)
Outline three roles of the High Court of Australia
Highest Court of Appeal, Interpret constitution, disputes between states and stae and federal governnment, constitutional validity of legislation
What is the role of a jury in a criminal trial
to determine if the standard of proof has been met
Which legislation was created as a result of the Mabo decision
Native Title Act 1992 (Cth)
Provide three challenges that technology poses for the law
Anonymity, global nature, crosses national boundaries, creativity, rapid change, disinhibition,