Criminal and Civil Law Overview
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Questions and Answers

What is the primary principle of the rule of law?

  • The law is determined by popular opinion.
  • Governors are exempt from legal proceedings.
  • The law applies to everyone equally. (correct)
  • Law can be ignored by those in power.

    • What type of law is established by judicial decisions and precedents?

  • Statute Law
  • Criminal Law
  • Civil Law
  • Common Law (correct)

    • In a criminal case, who holds the burden of proof?

  • Judge
  • Jury
  • Prosecution (correct)
  • Defendant

    • What is the standard of proof required in a criminal trial?

    <p>Beyond reasonable doubt</p> Signup and view all the answers

    Which of the following best describes civil law?

    <p>It regulates disputes between individuals or entities.</p> Signup and view all the answers

    What is the outcome of a civil case typically related to?

    <p>Forced legal action, damages, or penalties.</p> Signup and view all the answers

    Who initiates a claim in a civil law case?

    <p>The plaintiff</p> Signup and view all the answers

    What does the doctrine of precedent ensure in common law?

    <p>Similar cases must be decided in a consistent manner.</p> Signup and view all the answers

    What is the main purpose of rehabilitation in the context of sentencing?

    <p>To reform the offender and reduce the likelihood of reoffending</p> Signup and view all the answers

    Which of the following is considered an aggravating factor in sentencing?

    <p>Abuse of a person in a position of authority</p> Signup and view all the answers

    What is meant by mitigating factors in the context of sentencing?

    <p>Factors that can reduce the severity of the sentence</p> Signup and view all the answers

    What does the Totality Principle ensure in sentencing?

    <p>The punishment reflects the overall seriousness of the crime without being excessively harsh</p> Signup and view all the answers

    Which of the following is NOT a sentencing option according to the provided information?

    <p>Prison Labor</p> Signup and view all the answers

    What is a fine in the context of sentencing?

    <p>An amount of money that is paid as a penalty for an offense</p> Signup and view all the answers

    Which definition accurately describes home detention as a sentencing option?

    <p>A less severe penalty requiring the offender to remain at a designated residence</p> Signup and view all the answers

    What is the primary goal of community service as a sentencing option?

    <p>To benefit the community while serving justice</p> Signup and view all the answers

    What is a significant disadvantage faced by less affluent individuals in legal disputes?

    <p>Access to high-priced legal resources</p> Signup and view all the answers

    Which principle of sentencing focuses on punishing offenders to restore what was lost to society?

    <p>Retribution</p> Signup and view all the answers

    Which of the following is NOT a characteristic of adversarial trials?

    <p>Equal access to resources</p> Signup and view all the answers

    What is a potential consequence of overburdened public defenders in the legal system?

    <p>Increased risk of miscarriages of justice</p> Signup and view all the answers

    Why may adversarial legal proceedings lead to delays in justice?

    <p>Extensive preparation and investigation involved</p> Signup and view all the answers

    Which approach focuses on discouraging future crimes by highlighting consequences?

    <p>Deterrence</p> Signup and view all the answers

    In the adversarial system, what is often emphasized as a primary goal in criminal cases?

    <p>Punishment</p> Signup and view all the answers

    What is a common outcome of the adversarial legal system regarding judicial efficiency?

    <p>Protracted legal disputes</p> Signup and view all the answers

    What is considered admissible evidence in court?

    <p>Documents that can be legally used in court</p> Signup and view all the answers

    What happens if evidence is deemed inadmissible?

    <p>It cannot be legally used in court</p> Signup and view all the answers

    Why are open trials important in the court system?

    <p>They allow for public scrutiny of court decisions</p> Signup and view all the answers

    What was a significant factor that led to Andrew Mallard's wrongful conviction?

    <p>His erratic behavior and depression</p> Signup and view all the answers

    What is a consequence of having private court proceedings?

    <p>Reduced chances of achieving justice</p> Signup and view all the answers

    When can a witness's testimony be considered inadmissible?

    <p>If they provide irrelevant or hearsay information</p> Signup and view all the answers

    What can reduce bias in court decisions?

    <p>Utilization of admissible evidence</p> Signup and view all the answers

    What is a limitation placed on court reporting?

    <p>Children’s cases have specific privacy protections</p> Signup and view all the answers

    What piece of evidence was found in the paddock between the two houses?

    <p>A suspected murder weapon knife</p> Signup and view all the answers

    What principle of the Adversarial System is highlighted in Scott Austic's case?

    <p>Principle of Hearing Both Sides</p> Signup and view all the answers

    How did the prosecution respond to the new evidence during the appeal process?

    <p>They believed they still had a winnable case.</p> Signup and view all the answers

    What was the outcome of the Judge's scrutiny of the evidence during Austic's appeal?

    <p>The Judge allowed the evidence to be properly examined.</p> Signup and view all the answers

    Who provided Scott Austic with legal representation during his retrial?

    <p>David Edwards and Clint Hampson</p> Signup and view all the answers

    What does the principle of Hearing Both Sides allow each party in a trial?

    <p>To have their best arguments considered by the jury.</p> Signup and view all the answers

    What was one of the issues highlighted by Austic's legal team during the investigation?

    <p>The possibility of evidence being planted.</p> Signup and view all the answers

    Which case is mentioned as having weaknesses compared to Austic’s case?

    <p>Kathleen Folbigg's case</p> Signup and view all the answers

    What was a significant issue in Kathleen Folbigg's legal defense?

    <p>Her defense was underfunded and lacked resources.</p> Signup and view all the answers

    How did the lack of resources impact the review of Kathleen Folbigg's case?

    <p>It delayed the review of her case for several years.</p> Signup and view all the answers

    What type of evidence was central to Kathleen Folbigg's appeal?

    <p>Genetic evidence.</p> Signup and view all the answers

    What does the content suggest is a strength of the Adversarial System?

    <p>It encourages parties to present their best evidence.</p> Signup and view all the answers

    What was one outcome for individuals involved in the rare mistrials mentioned?

    <p>They achieved freedom through the system.</p> Signup and view all the answers

    What does the content imply about access to legal resources in the Adversarial System?

    <p>It often results in excessive competition and inequality.</p> Signup and view all the answers

    During Kathleen Folbigg's initial trial, what hindered her defense team?

    <p>Inability to investigate alternative explanations.</p> Signup and view all the answers

    What potential disadvantage does the Adversarial System face according to the content?

    <p>It can be hindered by financial limitations and resource competition.</p> Signup and view all the answers

    Study Notes

    Adversarial System

    • Rule of law: The principle that the law applies to everyone, even those in power.
    • Statute Law: Laws made by Parliament.
    • Common Law: A body of unwritten laws based on legal precedents set by courts. It's bound by the doctrine of precedent, meaning that lower courts must follow decisions of higher courts with similar facts.

    Criminal Law

    • Crime: An act harming society, punishable according to the specific crime.
    • DPP (Director of Public Prosecutions): Lays charges in criminal cases.
    • Defendant: The person accused of the crime.
    • Prosecution: The state or government representing the victim of the crime.
    • Burden of Proof: Lies with the prosecution to prove the case beyond reasonable doubt. The defendant doesn't need to prove innocence.
    • Types of Crimes: Range from minor offences (e.g., property destruction) to more severe crimes (e.g., murder).
    • Outcomes: Penalties range from fines, to imprisonment to community service.

    Civil Law

    • Disputes: Covers disagreements between individuals or organizations rather than criminal cases. This includes but isn't limited to issues of tax, IP infringement, and building rights.
    • Plaintiff/Applicant: The person or party bringing the case against the defendant.
    • Defendant/Respondent: The person or party being sued/responding to the case.
    • Burden of Proof: Lies with the plaintiff to prove case that the defendant is liable. This is determined by "balance of probabilities" instead "beyond reasonable doubt."
    • Outcomes: Can result in reparations such as property settlement or financial damages which may lead to bankruptcy.

    Court Hierarchy

    • High Court of Australia: The highest court of the land.
    • State Supreme Courts: A lower court, but still higher than other courts.
    • Other courts (District, Children's, Family Courts, Magistrates etc): Courts have a specialized jurisdictions and are beneath state supreme courts.

    Adversarial System (Features and Procedure)

    • Two opposing sides: The system uses two parties to present their cases.
    • Impartial adjudicator: A neutral decision-maker (Judge/Jury) hears each side's case and makes a decision based on evidence.
    • Vigorous argumentation: Both sides are expected to present the strongest arguments, allowing for a better chance for the truth to emerge.
    • Presumption of innocence: Accused individuals are considered innocent until proven guilty.
    • Burden of proof: The prosecution has the burden to prove the defendant's guilt beyond a reasonable doubt.

    Sentencing

    • Retribution: Punishment to "right a wrong".
    • Deterrence: Discouraging similar crimes by imposing penalties.
    • Protection: Protecting society from individuals with a high risk of reoffending.
    • Rehabilitation: Aims to reform offenders and reduce recidivism.
    • Aggravating Factors: Factors increasing the severity of a crime (e.g., violence).
    • Mitigating Factors: Factors decreasing the severity, as they may justify a less severe sentencing (e.g., mental illness).
    • Totality Principal: Sentence should reflect seriousness of the offending and should not be too crushing.
    • Sentencing Options: Range from fines, to imprisonment and Community service.

    Mandatory Sentencing

    • Predefined sentences for certain crimes: Offenders in specified crimes must serve a predetermined sentence.
    • Reduced judicial discretion: Less ability for judges to consider individual circumstances.

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    Adversarial System Objectives PDF

    Description

    This quiz covers the fundamental principles of criminal and civil law, focusing on concepts like the rule of law, prosecution, and types of crimes. Understand the differences between criminal and civil law, as well as key legal terms essential for legal studies. Test your knowledge on the legal process and the roles of different actors in the legal system.

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