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Questions and Answers
What is the purpose of criminal law in society?
What is the term for the mental element required to prove a crime?
What is the standard of proof required in a criminal trial?
What is the purpose of the Drug Court?
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What is the term for the burden of proving an offence?
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What is the purpose of sentencing in the criminal justice system?
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What is the term for the failure to meet the duty of care?
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What is the primary purpose of the Competition and Consumer Act 2010 (Cwlth)?
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What is an example of misuse of market power under the Competition and Consumer Act 2010 (Cwlth)?
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What is resale price maintenance, as defined by the Competition and Consumer Act 2010 (Cwlth)?
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What is an example of a cartel, as defined by the Competition and Consumer Act 2010 (Cwlth)?
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What is the purpose of the prohibition on mergers and acquisitions under the Competition and Consumer Act 2010 (Cwlth)?
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What is an example of misleading behavior, as defined by the Competition and Consumer Act 2010 (Cwlth)?
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What is an example of exclusive dealing, as defined by the Competition and Consumer Act 2010 (Cwlth)?
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What is the purpose of the Competition and Consumer Act 2010 (Cwlth) in relation to product safety?
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What type of advertising involves advertising goods or services you cannot supply to get people into your store or online sale?
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What is a characteristic of a pyramid scheme?
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What is a consequence of engaging in unlawful sales practices?
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What is a requirement for businesses when selling products to consumers?
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What is a key aspect of the 'clear legal title' principle?
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What is a requirement for goods purchased from a business?
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What is a aspect of the 'acceptable recourse' principle?
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What is an example of unlawful sales practices?
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Study Notes
Criminal Law and Procedure
Key Concepts
- Actus Reus: The physical act of committing a crime
- Mens Rea: The mental intention or state of mind required to commit a crime
- Causation: The link between the accused's actions and the harm or result
Types of Crimes
- Felony: Serious crimes, punishable by imprisonment (e.g., murder, robbery)
- Misdemeanor: Less serious crimes, punishable by fine or short-term imprisonment (e.g., theft, vandalism)
- Summary Offenses: Minor crimes, tried by a magistrate without a jury (e.g., traffic violations, public disorder)
Criminal Procedure
- Investigation: Gathering evidence and information to build a case
- Arrest: Taking the accused into custody
- Charge: Formal accusation of a crime
- Bail: Release of the accused on condition of appearing in court
- Trial: Presentation of evidence and arguments to a judge and/or jury
- Verdict: Guilty or not guilty decision
Tort Law
Key Concepts
- Damages: Monetary compensation for harm or injury
- Duty of Care: Legal obligation to avoid causing harm to others
- Breach of Duty: Failure to meet the duty of care
- Causation: Link between the breach of duty and the harm or injury
- Remoteness: Limitation on the amount of damages recoverable
Types of Torts
- Intentional Torts: Deliberate actions causing harm (e.g., assault, battery)
- Negligent Torts: Failure to meet the duty of care (e.g., car accidents, medical malpractice)
- Strict Liability Torts: Liability without fault or negligence (e.g., product liability)
Defenses to Torts
- Contributory Negligence: Plaintiff's own negligence contributed to the harm
- Voluntary Assumption of Risk: Plaintiff knowingly accepted the risk of harm
- Exclusion Clauses: Contracts limiting or excluding liability
Criminal Law and Procedure
Key Concepts
- Actus Reus refers to the physical act of committing a crime, which can be an action, omission, or state of affairs
- Mens Rea is the mental intention or state of mind required to commit a crime, which can be intention, recklessness, or negligence
- Causation is the link between the accused's actions and the harm or result, which must be proven in court
Types of Crimes
- Felonies are serious crimes punishable by imprisonment, examples include murder and robbery
- Misdemeanors are less serious crimes punishable by fine or short-term imprisonment, examples include theft and vandalism
- Summary Offenses are minor crimes tried by a magistrate without a jury, examples include traffic violations and public disorder
Criminal Procedure
- Investigation involves gathering evidence and information to build a case against the accused
- Arrest involves taking the accused into custody, which can be with or without a warrant
- Charge is a formal accusation of a crime, which must be read to the accused
- Bail involves releasing the accused on condition of appearing in court, which can be with or without surety
- Trial involves the presentation of evidence and arguments to a judge and/or jury
- Verdict is the guilty or not guilty decision reached by the court
Tort Law
Key Concepts
- Damages are monetary compensation for harm or injury, which can be compensatory or punitive
- Duty of Care is a legal obligation to avoid causing harm to others, which can be owed by individuals or organizations
- Breach of Duty is a failure to meet the duty of care, which can result in harm or injury
- Causation is the link between the breach of duty and the harm or injury, which must be proven in court
- Remoteness is a limitation on the amount of damages recoverable, based on whether the harm was foreseeable
Types of Torts
- Intentional Torts involve deliberate actions causing harm, examples include assault and battery
- Negligent Torts involve a failure to meet the duty of care, examples include car accidents and medical malpractice
- Strict Liability Torts involve liability without fault or negligence, examples include product liability
Defenses to Torts
- Contributory Negligence is a defense where the plaintiff's own negligence contributed to the harm
- Voluntary Assumption of Risk is a defense where the plaintiff knowingly accepted the risk of harm
- Exclusion Clauses are contracts limiting or excluding liability, which can be used as a defense in court
Social Cohesion and Protecting Rights
- Individuals, laws, and the legal system play a crucial role in achieving social cohesion and protecting the rights of individuals.
Principles of Justice
- The principles of justice include fairness, equality, and access.
Characteristics of an Effective Law
- An effective law reflects society's values, is enforceable, known, clear, and understood, and is stable.
Roles of Parliament and Courts
- The parliament and courts have a relationship in law-making, with the parliament creating laws and the courts interpreting them.
Sources of Law
- Common law and statute law are two sources of law.
Victorian Court Hierarchy
- The Victorian court hierarchy includes various levels of courts, with the Supreme Court being the highest.
Types of Law
- There are two main types of law: criminal law and civil law.
Criminal Law
- The purposes of criminal law include punishing, deterring, denouncing, protecting, and rehabilitating.
- Key concepts of criminal law include:
- The elements of a crime: actus reus and mens rea
- Strict liability
- The age of criminal responsibility
- The burden of proof
- The standard of proof
- Types of crime include crimes against the person and crimes against property.
- Summary offences and indictable offences are two types of crimes.
- Possible participants in a crime include principal offenders and accessories.
- Examples of criminal offences include:
- Offence 1:
- Elements of the offence
- Possible defences
- Possible sanctions
- Trends and statistics in relation to the offence in Victoria and another Australian jurisdiction
- Possible impact of the offence on individuals and society
- Offence 2:
- Elements of the offence
- Possible defences
- Possible sanctions
- Trends and statistics in relation to the offence in Victoria and another Australian jurisdiction
- Possible impact of the offence on individuals and society
- Offence 1:
Principles of Justice and the Victorian Criminal Justice System
- The principles of justice include fairness, equality, and access.
- Institutions that enforce criminal law include the police and delegated bodies.
- The balance between institutional powers and individual rights is crucial.
- The Victorian courts have a role in enforcing criminal law.
- The role of the jury in a criminal trial is important.
- Different groups face difficulties in the criminal justice system, including:
- First Nations people
- Young people
- Culturally and linguistically diverse people
- People with mental health issues
- People with disabilities
Sentencing
- The purposes of sanctions include punishment, deterrence, denunciation, protection, and rehabilitation.
- Types of sanctions include fines, community correction orders, and imprisonment.
- Factors considered in sentencing include the severity of the crime, the offender's circumstances, and the impact on the victim.
- Alternative approaches to sentencing include the use of the Drug Court, Koori Courts, and diversion programs.
- Sentencing practices vary in different Australian jurisdictions.
Business Owners' Compliance with Trade Practices Legislation
- Business owners must comply with trade practices legislation, such as the Competition and Consumer Act 2010 (Cwlth), when establishing their business.
Prohibited Business Practices
- Cartels: two or more businesses acting together instead of competing, including price-fixing, bid-rigging, market sharing, and output restrictions.
- Misuse of market power: businesses intending to lessen competition in a market, including damaging/eliminating competitors, preventing competition, or impeding new entrants.
- Exclusive dealing: imposing restrictions on a business's freedom to engage with other competitors.
- Resale price maintenance: controlling prices at which retailers sell products.
- Mergers and acquisitions: limiting competition by substantially reducing competitors in the market.
Undesirable Practices
- Misleading/deceptive conduct
- Unconscionable conduct
- Unfair contract terms
- False/misleading representations
- Bait advertising
- Pyramid schemes
- Referral selling
Misleading Behaviour
- Leading consumers to believe something is true when it isn't
- Offering gifts and prizes in connection with the supply of goods and services and then not providing them
- Providing false information about goods, services, or legal rights
Compliance and Legal Sales Practices
- Consequences of engaging in unlawful practices: heavy fines
- Unlawful sales practices: unsolicited consumer agreements and transparent lay-by agreements
- Regulations governing door-to-door sales and protection of consumer rights
- Importance of providing itemized bills and proof of transactions for consumer clarity
- Clear legal title: companies must legally own the products they sell and transfer full ownership to the consumer after buying
- Corresponding to description: goods purchased must match any description, sample, or demonstration model shown
- Acceptable recourse: goods must be of a quality where they are safe, durable, free from defects, and perform as expected
- Fit for purpose: products must be suitable for the intended purpose stated in instructions or advertisements
- Repairs and spare parts: manufacturers and suppliers must make reasonable efforts to provide repairs or spare parts for their products
- Skilled service: services received from businesses should be performed with reasonable care and skill
- Timely service: services should be completed within a reasonable timeframe
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Description
Test your knowledge of criminal law and procedure with this quiz covering key concepts, types of crimes, and more.
