Term
| Define Plaintiff and Defendant: |
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Definition
Plaintiff: The party who commences legal action in Cival Law.
Defendant: A person charged/accused of a civil action. |
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Term
| Outline two differences between legal and non-legal rules: |
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Definition
1) Legal rules must be followed by everyone, whereas non-legal rules are followed by people within a certain organisation/group.
2) Consequences for breaking a legal rule are very serious and can include imprisonment, whereas it is much less serious for a non-legal rule. |
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Term
| Identify two differences between Civil and Criminal Law: |
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Definition
1) Criminal law is concerned with behaviour that affects the community, where Civil law is concerned about the individual.
2) Criminal cases have a prosecution and defendant, whereas Civil cases have a plaintiff and defendant. |
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Term
| Explain the role of the Senate: |
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Definition
| The roleof the Senate is to review legislation, by ammending or rejecting bills sent up from the House of Representatives. It also allows fro equal state representation, as there are 12 reps from each state and 2 fro each territory. |
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Term
| Define: House of Representatives |
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Definition
| The House of Representatives is the lower house of federal parliament and is elected every three years. Our government is made up from this. |
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Term
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Definition
| Consideration is an element of a contract where something of value is given by one party (through a contract) to the other party. |
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Term
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Definition
| Defamation is the act of unlawfully damaging a person's reputation by publshing a false statement. |
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Term
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Definition
| A Recission Order is a court order that terminates a contract. |
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Term
| 3 elements needed for a successful contract: |
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Definition
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* Intention to create legal relations
*Agreement (offer + acceptance)
*Consideration (exchange of goods/services)
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Term
| 3 elements needed to successfully sue for negligence: |
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Definition
1) The defendant owed a duty of care to the plaintiff.
2) The defendant breached the duty of care.
3) The plaintiff sufferred significant harm due to the breach. |
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Term
| Identify and describe 2 characteristics of an effective law:: |
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Definition
*Enforceable- is a law that people will follow.
*Adaptability- is flexible to be able to uphold the needs of society. |
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Term
| Distinguish between mens rea and actus reus: |
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Definition
Mens rea (guilty mind) having intent to commit crime, whereas Actus reus (guilty act) is committing the crime. |
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Term
| Explain two aims of Criminal Sanctions: |
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Definition
*to keep the community safe
*to punish those who break the law |
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Term
| Define a Suspended Sentence and explain why it would be imposed: |
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Definition
A suspended sentence is where a person is convicted of a serious offence where they should go to trial, but the court decides it would be better for them to serve the jail term while still in the community, it can be suspended for up to 2 years. |
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Term
| Distinguish between Summary and Indictable offences: |
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Definition
Indictable offences are quite serious and are heard in the Country or Supreme courts, usually with serious consequences. Summary offences are not very serious and are heard in the Magistrate's Court, and have smaller consequences. |
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Term
| Distinguish between Bail and Remand: |
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Definition
Bail is an agreement to release an arrested and charged person from custody while awaiting a trial, whereas Remand is where bail has been denied and the accused is being held by the police at prison or elsewhere. |
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Term
| Distinguish between Original and Appellate Jurisdiction: |
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Definition
Original jurisdiction is the court's power to hear a case for the first time, whereas appellate jurisdiction is the courts power to hear appeals on a case. E.g supreme courts hears appeals from the Magistrate's Court. |
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Term
| Distinguish between the Adversary system and Inquisitorial method of trial: |
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Definition
In the adversary system, there are two opposing parties presenting their case before the judge/jury, whereas the Inquisitorial system is where the judge/s conduct an inquiry- decide how to conduct the case, call witnesses, collect evidence etc. |
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Term
| Distinguish between Mediation and Conciliation: |
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Definition
Mediation is where an independant 3rd party helps the two parties discuss and reach an agreement in a minor civil dispute, whereas Conciliation has a independant 3rd party who is more actively involved in assisting parties to reach an agreement- may suggest solutions, etc. |
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Term
| 3 factors to obtain acquittal through self-defence: |
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Definition
Must prove:
*the accused was genuinely acting in self-defence.
*the accused only used the dgree of force necessary for self-defence.
*the degree of force was no greater than which the 'ordinary person' would see necessary in those circumstances. |
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Term
| Explain the role of the Coroner's Court: |
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Definition
The role of the Coroner's Court is to investigate suspicious deaths and fires where the identity if the deceased or cause of death is unknown. |
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Term
| Define hearsay evidence as explain why it is usually not admissable in court: |
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Definition
Hearsay evidence is second-hand evidence. It is usually not admissable in court as it is not what someone has seen (not first-hand). |
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Term
| Define Warrant of Distress: |
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Definition
-Court official can seize goods to cover money owed. |
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Term
| 3 elements of a defamatory statement: |
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Definition
*capable of harming a person's reputation.
*refers to the plaintiff.
*was seen by a third party. |
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Term
| Difference between Mandatory and Restrictive Injuctions |
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Definition
Restrictive injuctions are to stop something from happening e.g restraining order. A Mandatory injuction is where you are compelled to do something, such as publishing an apology. |
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Term
| 3 ways Tribunals differ from courts |
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Definition
* Cheaper
*Quicker
*Less formal |
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