Question | Answer |
What are the three main roles of laws | 1.Protection 2. Freedom 3. Resolving Disputes |
What are laws? | A set of rules set by society which everyone in the community is expected to follow |
What does the expression "might is right" mean and why is it unfair | It means that you are always right because you are the more powerful person. It is unfair because most people would be powerless |
What are the four roles of police in our society? | *To enforce the laws *prevent and detect crime *protect life and property *maintain peace and order |
Name the court hierarchy in order of minor to serious. | 1. Local Court 2. District Court 3. Supreme Court 4. High Court |
What is the method of trial used in court? | Adversarial System |
List the main courtroom officials | *magistrate *judge *juror *prosecutor *Counsel of the Defence |
What is the role of the jury | Weigh up the evidence and decide wether the defendant is liable or the accused is innocent or guilty |
What is Empanelment? Explain the process. | Empanelment is the process of selecting a jury. Potential jurors must walk past the accused and his or her counsel, as well as the prosecution. This is so counsel can decide wether or not they are the type of people they want on the jury |
How many jurors are needed in a criminal case and in a civil case | Criminal Case:12 Civil Case: 6 |
In a civil case what are jurors mainly concerned with | The jurors decide how much money should be paid for damage |
What people are exempt from doing jury duty? | *Doctors *People of 65 years *Anyone who works in the legal system *Anyone who has a criminal record |
What is a hung jury and what happens if there is one? | A hung jury is when the jury can't decide on a verdict. As a result a new trial is ordered |
In a criminal case, what is a the difference between a majority verdict and a unanimous verdict | A majority verdict is when 11 out of 12 jurors come to the same decision A unanimous verdict is when all 12 jurors come to the same decisions |
Name some advantages of jurors | *They represent society's values and attitudes *Final decision is made by more than one person *Independent and impartial decision makers that are not controlled by the government *Ordinary peoplecan be part of the adminstration of justice |
Name some disadvantages of jurors. | *Some people are exempt so it's not a true representation of society *Ordinary people may not understand legal terms *Jurors don't have to give reasons for their decisions *Easily persuaded by clever lawyers |
What is private law? | Deals with the rights and duties people have towards each other |
What is public law? | Deals with regulating people's behaviour within society as a whole and protects the freedom of individuals |
What is family law and is it public or private law? | Sets out rules about the process of getting married; who can get married; de facto relationships; divorce; custody and other aspects involving family members Private law |
What are criminal laws and is it private or public law? | the body of law that deals with crime and the legal punishment of criminal offenses. public law |
wWhat is constitutional law and is it private or public law? | It lays down and guides the duties and powers of the government, and the duties and rights of its citizens and residents. Public law |
What is administrative law and is it private or public law? | Allows courts to review and change the decisions of government if necessary public law |
What is contract law and is it private or public law? | Deals with legal agreements between two or more people. When one party fails to carry their side of the agreement, they can be sued for breach of contract private |
What is industrial law and is it private or public law?` | Deals with the legal way of resolving industrial disputes, workers' compensation, occupational health and safety, and discrimination in the workforce public law |
What is property law and is it private or public law? | Provides regulations about the sale, leasing, and hiring of real property and personal property |
What is tort law and is it private or public law? | Deals with situations where one person infringes the rights of another causing injury or distress private law |
What is civil law? | Is part of private law and deals with non-criminal matters |
What are the two main areas of civil law | Tort law and contract law |
What does the law of tort include | negligence defamation nuisance trespass |
What is the difference between plaintiff and defendant | the plaintiff is the person that's rights have been infringed (the person suing) the defendant is the wrongdoer |
What is the purpose of criminal law | Protect individuals from others doing wrong so that the community can feel safe |
At what age can a person be charged with a criminal offence? Why is this the "age of reason"? | 10 years of age because that is the age when the offender knows the difference between right and wrong |
What is statuary interpretation | Statutory interpretation is the process by which a court looks at a law and determines what it means. Legal terminology |
What is common law | a system of law based on the previous decisions of judges or precedents |
what are ethics | Ethics are rules that define how things are according to society rules |
What are morals | Morals are a set of beliefs or guild lines that people follow based on their culture or society |
Why do some lawyers provide a pro bono service | Because underprivileged members of society deserve court representation |
List some barriers that people face in accessing the law | *Cost *Time *Procedure *Language |
What does the expression "Justice delayed, Justice denied" mean | It means that if a trial goes on for a long period, then people are not treated fairly |
Why is it important for people to have equal access to law | So that everyone has equal opportunity to make use of the legal system |
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