Podcast
Questions and Answers
What is the primary principle of the rule of law?
What is the primary principle of the rule of law?
What type of law is established by judicial decisions and precedents?
What type of law is established by judicial decisions and precedents?
In a criminal case, who holds the burden of proof?
In a criminal case, who holds the burden of proof?
What is the standard of proof required in a criminal trial?
What is the standard of proof required in a criminal trial?
Signup and view all the answers
Which of the following best describes civil law?
Which of the following best describes civil law?
Signup and view all the answers
What is the outcome of a civil case typically related to?
What is the outcome of a civil case typically related to?
Signup and view all the answers
Who initiates a claim in a civil law case?
Who initiates a claim in a civil law case?
Signup and view all the answers
What does the doctrine of precedent ensure in common law?
What does the doctrine of precedent ensure in common law?
Signup and view all the answers
What is the main purpose of rehabilitation in the context of sentencing?
What is the main purpose of rehabilitation in the context of sentencing?
Signup and view all the answers
Which of the following is considered an aggravating factor in sentencing?
Which of the following is considered an aggravating factor in sentencing?
Signup and view all the answers
What is meant by mitigating factors in the context of sentencing?
What is meant by mitigating factors in the context of sentencing?
Signup and view all the answers
What does the Totality Principle ensure in sentencing?
What does the Totality Principle ensure in sentencing?
Signup and view all the answers
Which of the following is NOT a sentencing option according to the provided information?
Which of the following is NOT a sentencing option according to the provided information?
Signup and view all the answers
What is a fine in the context of sentencing?
What is a fine in the context of sentencing?
Signup and view all the answers
Which definition accurately describes home detention as a sentencing option?
Which definition accurately describes home detention as a sentencing option?
Signup and view all the answers
What is the primary goal of community service as a sentencing option?
What is the primary goal of community service as a sentencing option?
Signup and view all the answers
What is a significant disadvantage faced by less affluent individuals in legal disputes?
What is a significant disadvantage faced by less affluent individuals in legal disputes?
Signup and view all the answers
Which principle of sentencing focuses on punishing offenders to restore what was lost to society?
Which principle of sentencing focuses on punishing offenders to restore what was lost to society?
Signup and view all the answers
Which of the following is NOT a characteristic of adversarial trials?
Which of the following is NOT a characteristic of adversarial trials?
Signup and view all the answers
What is a potential consequence of overburdened public defenders in the legal system?
What is a potential consequence of overburdened public defenders in the legal system?
Signup and view all the answers
Why may adversarial legal proceedings lead to delays in justice?
Why may adversarial legal proceedings lead to delays in justice?
Signup and view all the answers
Which approach focuses on discouraging future crimes by highlighting consequences?
Which approach focuses on discouraging future crimes by highlighting consequences?
Signup and view all the answers
In the adversarial system, what is often emphasized as a primary goal in criminal cases?
In the adversarial system, what is often emphasized as a primary goal in criminal cases?
Signup and view all the answers
What is a common outcome of the adversarial legal system regarding judicial efficiency?
What is a common outcome of the adversarial legal system regarding judicial efficiency?
Signup and view all the answers
What is considered admissible evidence in court?
What is considered admissible evidence in court?
Signup and view all the answers
What happens if evidence is deemed inadmissible?
What happens if evidence is deemed inadmissible?
Signup and view all the answers
Why are open trials important in the court system?
Why are open trials important in the court system?
Signup and view all the answers
What was a significant factor that led to Andrew Mallard's wrongful conviction?
What was a significant factor that led to Andrew Mallard's wrongful conviction?
Signup and view all the answers
What is a consequence of having private court proceedings?
What is a consequence of having private court proceedings?
Signup and view all the answers
When can a witness's testimony be considered inadmissible?
When can a witness's testimony be considered inadmissible?
Signup and view all the answers
What can reduce bias in court decisions?
What can reduce bias in court decisions?
Signup and view all the answers
What is a limitation placed on court reporting?
What is a limitation placed on court reporting?
Signup and view all the answers
What piece of evidence was found in the paddock between the two houses?
What piece of evidence was found in the paddock between the two houses?
Signup and view all the answers
What principle of the Adversarial System is highlighted in Scott Austic's case?
What principle of the Adversarial System is highlighted in Scott Austic's case?
Signup and view all the answers
How did the prosecution respond to the new evidence during the appeal process?
How did the prosecution respond to the new evidence during the appeal process?
Signup and view all the answers
What was the outcome of the Judge's scrutiny of the evidence during Austic's appeal?
What was the outcome of the Judge's scrutiny of the evidence during Austic's appeal?
Signup and view all the answers
Who provided Scott Austic with legal representation during his retrial?
Who provided Scott Austic with legal representation during his retrial?
Signup and view all the answers
What does the principle of Hearing Both Sides allow each party in a trial?
What does the principle of Hearing Both Sides allow each party in a trial?
Signup and view all the answers
What was one of the issues highlighted by Austic's legal team during the investigation?
What was one of the issues highlighted by Austic's legal team during the investigation?
Signup and view all the answers
Which case is mentioned as having weaknesses compared to Austic’s case?
Which case is mentioned as having weaknesses compared to Austic’s case?
Signup and view all the answers
What was a significant issue in Kathleen Folbigg's legal defense?
What was a significant issue in Kathleen Folbigg's legal defense?
Signup and view all the answers
How did the lack of resources impact the review of Kathleen Folbigg's case?
How did the lack of resources impact the review of Kathleen Folbigg's case?
Signup and view all the answers
What type of evidence was central to Kathleen Folbigg's appeal?
What type of evidence was central to Kathleen Folbigg's appeal?
Signup and view all the answers
What does the content suggest is a strength of the Adversarial System?
What does the content suggest is a strength of the Adversarial System?
Signup and view all the answers
What was one outcome for individuals involved in the rare mistrials mentioned?
What was one outcome for individuals involved in the rare mistrials mentioned?
Signup and view all the answers
What does the content imply about access to legal resources in the Adversarial System?
What does the content imply about access to legal resources in the Adversarial System?
Signup and view all the answers
During Kathleen Folbigg's initial trial, what hindered her defense team?
During Kathleen Folbigg's initial trial, what hindered her defense team?
Signup and view all the answers
What potential disadvantage does the Adversarial System face according to the content?
What potential disadvantage does the Adversarial System face according to the content?
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.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Related Documents
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.
