Legal studies exam revision Essay

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Legal EXAM Revision
Section A
Q1- Definition with example
i) Committal proceedings: Held in magistrate’s court determines whether there is sufficient evidence to support a conviction in a higher court. If yes it will be sent to country or supreme and a committal mention date will be set ii) Strict Liability Crime: Crimes where mens rea is not required by the prosecution. E.g. parking fines iii) 3 differences between criminal and civil law

Civil
Criminal
Concerned with
Rights and responsibilities of individuals
Offences against society
Resolution
Remedies such as compensation/providing a service
Defendant receives punishment
Standard of proof
Balance of probabilities
Beyond all reasonable doubt iv) Victim impact statement: victims are entitled to make an official statement outlining the impact the crime they had suffered had on their lives. It assists the court in determining an appropriate sentence.
v) Delegated legislative bodies:
1- Statutory Authorities (Gov. controlled, public service, Water Board/Vic Roads, “stator laws”)
2- Government Departments (Resp. for day 2 day admin of gov. policy, Dept of Justice/Education)
3- Executive Council (Governor and 2-5 ministers, approve regulations, centralised power)
4- Local Council (since Act of Parl. 1958, elected reps, laws about local issues e.g. libraries, pools) vi) Jurisdiction- extent of powers a court is entitled to.
Original: a court hears a case for the 1st time
Appellate: a higher court reviews the original decision vii) 4 aims of sentencing
1- Just Punishment= punishing the offender for the crime they have committed appropriately
2- Deterrence= discourage future criminal activity from those in society and the past offender
3- Rehabilitation= attempt to change someone’s behaviour and allow them an opportunity to improve their life.
4- Protection= protect the community from further harm
Section B
Q2- Division of law making powers in Australia. Exclusive, concurrent and residual power and what happens if there is conflict between state and federal
Powers given to the Commonwealth are listed in Sections 51 and 52 of the Constitution
Labelled under:
1-Exclusive Powers= make laws only Federal (Defence, Immigration)
2-Concurrent Powers= make laws both Fed and State (Taxes, Family law)
3-Residual Powers= only states (road laws, law enforcement)
If the states and Federal Government make different laws about the same subject matter, the Federal law wins- Section 109 of the Constitution e.g.- same sex marriage laws.
b) 2 reasons why a law may be ineffective
1-Known and understood- be understandable by public and known to the general public
2- Reflect community values and accepted- not racist in any way, discriminatory
3-Able to be changed- so that if there is a problem it can be resolved
4- Stable and consistent- doesn’t allow some access and restricts others
5- Enforceable- police can enforce the law, e.g. swearing wouldn’t be enforceable
c) Structure of federal parliament, explain its main role
- Westminster system (British system of parliament
- Bicameral system of parliament (2 houses and Queens rep)
House of Representatives
150 members
“People’s house”
Interest’s of the majority
Ministers elected every 3 years
Majority of seats forms the government
Senate
76 members
“States House”
Interest of the states and review
Senators elected every 6 years
Main role of Parliament is to make laws in order to maintain society
d) Similarities and differences between legal and non-legal rules
AREA
Non-Legal
Legal
Who made it?
Small groups (parents, school, sporting club)
Parliament
Whom does it apply?
Those directly involved (students, family members)
Everyone
Consequences if broken?
Not serious (detention, grounded)
Very serious, enforceable by the courts
Similarities:
1- tells you what you can and cannot do
2- Aims to control and keep order within a group of people
e) Process of a bill through parliament
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