Podcast
Questions and Answers
What is the primary role of lawyers in civil cases according to the provided information?
What is the primary role of lawyers in civil cases according to the provided information?
Which statement best describes the function of civil law?
Which statement best describes the function of civil law?
How has the use of juries evolved in civil cases?
How has the use of juries evolved in civil cases?
When compared to criminal law, what is the standard of proof in civil cases?
When compared to criminal law, what is the standard of proof in civil cases?
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What is the focus of civil law remedies?
What is the focus of civil law remedies?
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In contract law, what happens if one party breaches a legally binding agreement?
In contract law, what happens if one party breaches a legally binding agreement?
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In contract law, what form can a legal contract take?
In contract law, what form can a legal contract take?
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What is a tort in the context of civil law?
What is a tort in the context of civil law?
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What does Rational Choice Theory suggest about individuals and crime?
What does Rational Choice Theory suggest about individuals and crime?
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Which of the following factors is considered under Social Disorganisation Theory?
Which of the following factors is considered under Social Disorganisation Theory?
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What was a consequence of mandatory sentencing laws on the criminal justice system?
What was a consequence of mandatory sentencing laws on the criminal justice system?
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What concept is closely related to anomie theory and helps explain crime in Left Realism?
What concept is closely related to anomie theory and helps explain crime in Left Realism?
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Which of the following statements about mandatory sentencing is true?
Which of the following statements about mandatory sentencing is true?
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Which of the following statements is true about neurophysiological conditions in relation to crime?
Which of the following statements is true about neurophysiological conditions in relation to crime?
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What was one reason for abolishing mandatory prison sentences in Victoria?
What was one reason for abolishing mandatory prison sentences in Victoria?
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According to the content, what are some environmental conditions that may lead to higher crime rates?
According to the content, what are some environmental conditions that may lead to higher crime rates?
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How did mandatory sentencing laws affect the prison population in the Northern Territory?
How did mandatory sentencing laws affect the prison population in the Northern Territory?
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What is a characteristic of mandatory sentencing laws as noted in the content?
What is a characteristic of mandatory sentencing laws as noted in the content?
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What is classified as an Indictable Offence?
What is classified as an Indictable Offence?
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What distinguishes a Summary Offence from an Indictable Offence?
What distinguishes a Summary Offence from an Indictable Offence?
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Which section of the code refers to unlawful killing?
Which section of the code refers to unlawful killing?
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In the context of unlawful killing, what must be proven regarding the accused's actions?
In the context of unlawful killing, what must be proven regarding the accused's actions?
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Which of the following can be considered a rare case where killing might be lawful?
Which of the following can be considered a rare case where killing might be lawful?
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What kind of court typically hears indictable offences?
What kind of court typically hears indictable offences?
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Which of the following statements about the abolition of the old rules regarding death is correct?
Which of the following statements about the abolition of the old rules regarding death is correct?
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How can death be classified in relation to an accused's actions?
How can death be classified in relation to an accused's actions?
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What must the Crown prove to establish a murder charge against an officer?
What must the Crown prove to establish a murder charge against an officer?
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Under what circumstances might an indefinite sentence be imposed?
Under what circumstances might an indefinite sentence be imposed?
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Which of the following is NOT a factor considered for an indefinite sentence?
Which of the following is NOT a factor considered for an indefinite sentence?
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What is the key difference between murder and manslaughter?
What is the key difference between murder and manslaughter?
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Which action could lead to a charge of manslaughter instead of murder?
Which action could lead to a charge of manslaughter instead of murder?
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Which of these statements regarding defenses in homicide cases is true?
Which of these statements regarding defenses in homicide cases is true?
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What is a requirement for proving murder related to the act causing death?
What is a requirement for proving murder related to the act causing death?
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Which situation may lead to a murder charge of a serious repeat offender?
Which situation may lead to a murder charge of a serious repeat offender?
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What does strain theory suggest about societal impact on crime?
What does strain theory suggest about societal impact on crime?
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Which type of criminal did Lombroso classify as having physical stigmata?
Which type of criminal did Lombroso classify as having physical stigmata?
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What did Cohen argue about lower-class youths in relation to middle-class goals?
What did Cohen argue about lower-class youths in relation to middle-class goals?
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Which factor is associated with biological theories of crime according to the content?
Which factor is associated with biological theories of crime according to the content?
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What role does cultural inclusion play in the context of strain theory?
What role does cultural inclusion play in the context of strain theory?
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What characterizes 'criminaloids' in Lombroso's classification?
What characterizes 'criminaloids' in Lombroso's classification?
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What has been a significant social change affecting disadvantaged groups, according to the content?
What has been a significant social change affecting disadvantaged groups, according to the content?
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How do lower-class youths adjust to frustrations from societal pressures?
How do lower-class youths adjust to frustrations from societal pressures?
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Study Notes
Advertisement for Marina and the Diamonds
- Marina and the Diamonds are promoting their album or single.
- The advertisement features a photograph of Marina Diamandis.
- The album or single is available on iTunes.
- Single titles featured in the advertisement are "Hollywood," "I Am Not a Robot, Oh No!" and "Shampain."
The Adversarial System
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In this system, two sides (prosecution and defense) present their case to a judge or jury.
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The judge or jury will make the final decision based on the presented evidence.
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The goal is to be persuasive rather than fully investigating.
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Features of Adversarial System: -Two opposing parties -Independent judge/jury -High standard/burden of proof (beyond a reasonable doubt) -Professional legal representation for each party -Specific rules of evidence, conduct and procedures
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Differences between Adversarial and Inquisitorial Systems:
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Adversarial System: -Only some evidence is allowed. -More rights for the defendant (right to silence, presumption of innocence, bail, beyond reasonable doubt) -Decision made by a jury -Crucial role for lawyers.
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Inquisitorial System: -Access to all evidence -Betterment of society as a goal -No right to silence -No default presumption of innocence -No bail -Judge makes decision -Minimal role for lawyers.
Intro to Civil Law
- Civil law deals with disputes between individuals or groups.
- It aims to place the injured party in the position they would have been in if the dispute hadn't occurred.
- Key differences between civil and criminal law: -Standard of proof in civil law is a balance of probabilities; in criminal law it must be proven beyond reasonable doubt. -Onus of proof rests on the plaintiff in civil cases and on the prosecution/crown in criminal cases
- Common types of civil law include: contracts, property and family.
Intro to Civil Law (continued)
- Contract Law -Contracts are legally binding agreements between parties. Breaches of contract can result in remedies like damages or injunctions. Contracts can be written, verbal, or implied.
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Tort Law
-Torts involve wrongful acts causing harm to a person or their property which can be a recognised legal wrong (e.g. negligence, trespass, defamation). The Donoghue v Stevenson case was pivotal in the development of tort law.
- Proportionate liability is a concept where multiple people at fault for a tort can be held responsible for a percentage of the damages.
- Property Law -Deals with ownership and possession of property.
- Family Law -Deals with matters like divorce, child custody, and spousal support.
Alternative Dispute Resolution (ADR)
- ADR are methods of resolving disputes outside of court (e.g Mediation).
- Courts are becoming increasingly backed up with civil cases
- ADR processes are less costly and less time-consuming than court proceedings
Torts of Defamation
- Defamation is a statement that harms someone's reputation in the eyes of other people.
- It involves publishing a statement that is likely to cause harm to someone's reputation.
- Defences to defamatory actions can include truth and public interest.
Employment Law
- This is an area of law related to employment.
- It addresses various aspects of employment relations, including the management of employee wages.
- This area of law covers employee rights, protection against unfair dismissal, and the protection of low-paid workers
Employment Law (continued)
- Fair Work Act 2009
- Introduced following the decision to remove the ability from union workers to strike
Employment Law (continued)
- Current legislation (fair work act) covers issues including -protecting from dismissal
- protecting from unfair wages
- promoting work-life balance
Employment Law (continued)
- Wages are often set through awards (government-determined) or through enterprise bargaining agreements (workplace-negotiated).
Employment Law (continued)
- Fair Work Act 2009 introduced the following:
- Protection from unfair dismissal
- Protections for low-paid workers
- A balance between work and family life
- Right to workplace representation
- National Employment Standards (NES) have 10 core elements.
Employment Law (continued)
- There are three tiers of courts with original jurisdiction to adjudicate offences
- Magistrates Court
- District Courts
- Supreme Courts
Employment Law (continued)
- Committal proceedings allow courts to hear witnesses and provide evidence for offences.
Criminal Law: Basics
- Criminal law addresses wrongful conduct against society, unlike civil law (issues between individuals).
- The state initiates criminal prosecutions through the DDP.
- A jury determines a defendant's guilt in some circumstances
- The standard of proof is "beyond reasonable doubt."
Criminal Law: Theories
- Biological Positivism: Lombroso believed physical traits could indicate criminality. Contemporary biological theories include biochemical conditions, neurophysiological conditions, and genetic abnormalities.
- Social Disorganisation Theory: This perspective views crime as stemming from environmental factors like poverty, inadequate housing, and limited access to resources within a given neighborhood.
Crime and Responsibility
- Victims' Rights: Victims have legal rights in criminal proceedings, including the right to support services and information about the case and the offender.
- Purpose of Punishment: Goals of punishment can include retribution, deterrence, rehabilitation and protection of society.
Evidence
- Direct Evidence: Evidence that directly proves a fact, such as eyewitness testimony or a physical object.
- Indirect Evidence (Circumstantial Evidence): Evidence that suggests a fact without directly proving it (e.g., a witness seeing a suspect leaving a crime scene).
- Documentary Evidence: Written or recorded material that can be used in court cases.
- Real Evidence: Physical objects relevant to a case.
Evidence (continued)
Crimes that relate to a person's reputation, including Defamation and character evidence
Legal principles around what type of evidence can be used to prove a person guilty
Civil Law: Elements of Crime
- A criminal law can be categorized into different types of offences (offences against persons, property offences, drug offences, and other offences). Offences involve specific elements that the prosecution needs to prove.
- Actus Reus: The criminal act itself.
- Mens Rea: The criminal intent—the state of mind associated with the act. Not all crimes require an explicitly evil state of mind
- Causation: A link between the action and the harm.
Civil Law: Types of Assault
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Assault: Making another person fear that a threat of physical violence is about to happen. Assault can involve physical or mental, or psychological harm. There are varying degrees (summary assault/serious assault).
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Battery: Actual physical force against someone.
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There are types of assaults with differing penalties depending on the severity of the crime. There are degrees of assault—summary assault/serious assault.
Stalking
- Stalking is a criminal offence. It involves a course of conduct intended to harm or frighten another person.
Other Crimes
- Various crimes are discussed under "Other crimes" including stalking, but the specific description depends on the context of each article.
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Description
This quiz explores key concepts in civil law and criminal justice, including the role of lawyers, the evolution of juries, and the distinctions between civil and criminal cases. Test your understanding of contract law, torts, and various theories related to crime and justice.
