Introduction to Law

Questions and Answers

What is a key characteristic of legal rules?

They are only applicable in informal settings.

They are enforced by legal institutions. (correct)

They can be ignored without consequence.

They carry social penalties rather than legal penalties.

Which function of law aims to maintain societal stability?

Resolution of Disputes

Social Order (correct)

Protection of Rights and Freedoms

Promotion of Justice

What type of rules may lead to social consequences but do not have legal penalties?

Criminal Laws

Legal Rules

Non-Legal Rules (correct)

Civil Laws

Which of the following best describes the function of law that involves ensuring fairness and justice?

Promotion of Justice Signup and view all the answers

What is an example of a case that would typically be heard by a High Court?

High-profile criminal case Signup and view all the answers

What type of cases does the Supreme Court of Victoria's Trial Division primarily handle?

Complex civil disputes and serious criminal cases Signup and view all the answers

Which court has jurisdiction over serious criminal cases like sexual assault?

County Court of Victoria Signup and view all the answers

What is VCAT's primary role?

To resolve disputes in a less formal setting than traditional courts Signup and view all the answers

What type of disputes does VCAT have jurisdiction over?

Civil, administrative, and tribunal matters Signup and view all the answers

Which court serves as the highest appellate court in Australia?

The High Court of Australia Signup and view all the answers

What is the primary function of a jury in a trial?

To assess the evidence and determine the facts of the case Signup and view all the answers

Which court is responsible for minor criminal cases and less complex civil matters?

The Magistrates' Court of Victoria Signup and view all the answers

Which division of the Supreme Court of Victoria hears appeals from lower courts?

Appellate Division Signup and view all the answers

What is the typical composition of a jury in criminal cases in Victoria?

12 people Signup and view all the answers

In which courts are juries typically used for criminal trials in Victoria?

Supreme Court and County Court Signup and view all the answers

Which of the following best defines someone who is disqualified from jury duty?

A person convicted of serious criminal offenses Signup and view all the answers

What is one advantage of using a jury in trials?

Community involvement Signup and view all the answers

What does it mean if someone is excused from jury duty?

They are unavailable due to personal reasons Signup and view all the answers

Who is primarily responsible for enforcing laws?

Law enforcement agencies Signup and view all the answers

Which of the following illustrates a disadvantage of the jury system?

It can be costly and time-consuming Signup and view all the answers

What is the difference between statute law and common law?

Statute law is written law, while common law is based on judicial decisions Signup and view all the answers

What primarily differentiates statute law from common law?

Statute law is made by legislation passed by Parliament. Signup and view all the answers

Which of the following best describes the main role of courts?

Resolve disputes and ensure justice is administered fairly. Signup and view all the answers

What is a legal precedent?

A binding or persuasive legal principle established in a previous case. Signup and view all the answers

Why is the case of Donoghue v Stevenson significant?

It established the concept of duty of care in negligence law. Signup and view all the answers

Which characteristic of effective law ensures that similar cases receive similar treatments?

Consistency Signup and view all the answers

Where are crimes codified in Victoria?

The Crimes Act 1958 and other statutes Signup and view all the answers

What does the term 'enforceability' refer to in the context of effective laws?

The support by mechanisms ensuring compliance and addressing violations. Signup and view all the answers

What are the three elements that make up a crime?

Act, Intent, and Harm Signup and view all the answers

Study Notes

Distinguishing Legal and Non-Legal Rules

Legal Rules are established by official bodies (e.g., legislatures, courts) and enforced by legal institutions, carrying legal penalties for non-compliance.
Examples of Legal Rules include criminal laws, civil laws, and traffic regulations.
Non-Legal Rules arise from social institutions (e.g., families, schools) and are not binding; they may lead to social consequences but lack legal penalties.
Examples of Non-Legal Rules are school policies and organization conduct codes.

Functions of Laws

Social Order: Laws maintain peace and stability by delineating acceptable behavior and repercussions for violations.
Protection of Rights and Freedoms: Laws safeguard individual rights such as fair trials and free speech.
Resolution of Disputes: Legal mechanisms provide structured approaches for settling disagreements among individuals or entities.
Promotion of Justice: Laws aim for fairness by establishing behavior standards and procedures for punishing wrongdoers while compensating victims.

Court Hierarchy & Jurisdiction

High Court of Australia: Handles original high-profile constitutional cases and appellate matters from lower courts.
Supreme Court of Victoria – Appeal Division: Reviews appeals on significant legal points from the Trial Division and lower courts.
Supreme Court of Victoria – Trial Division: Deals with serious criminal offenses and complex civil disputes.
County Court of Victoria: Focuses on major criminal and civil cases that are less severe than those in the Supreme Court.
Magistrates’ Court of Victoria: Addresses minor criminal and less complex civil matters.

Role and Jurisdiction of VCAT

Role: VCAT resolves disputes in a less formal environment, covering civil disputes and administrative matters.
Jurisdiction: Includes civil law, administrative law, and residential tenancy disputes, providing accessible alternatives to traditional courts.

Jury Duty

Role of Jury: Assesses trial evidence and determines case facts, delivering a verdict on guilt in criminal cases.
Composition: A jury in Victoria typically consists of 12 members for criminal trials.
Courts Utilizing Juries: Juries are present in the Supreme Court (Trial Division) and County Court but not in the Magistrates’ Court.
Disqualification, Ineligibility, and Excusal:
- Disqualified individuals include those convicted of serious crimes.
- Ineligible individuals encompass judges, police officers, and lawyers due to conflict of interest.
- Excused individuals may cite illness, travel, or significant obligations as reasons to be released from duty.

Advantages and Disadvantages of Jury Use

Advantages:
- Community Involvement ensures diverse perspectives and reflects community values.
- Checks and Balances prevent excessive judicial power by entrusting verdict decisions to a group.
Disadvantages:
- Cost and Time associated with jury selection and deliberation can be significant.
- Inconsistency in verdicts may arise due to jury composition and personal biases.

Sources of Law

Creators: Laws are created by legislatures and interpreted by courts, with enforcement by agencies like the police.
Statute Law: Written laws passed by Parliament; takes precedence over common law.
Common Law: Developed through judicial decisions and precedents, evolving via case law.
Main Role of Courts: Interpret and apply laws, resolve disputes, and administer justice fairly.

Precedent

Precedent is a legal principle established in earlier cases that guides decisions in similar future cases, ensuring legal consistency.

Importance of Donoghue v Stevenson

Established duty of care in negligence law, introducing the "neighbour principle" for responsible conduct to prevent harm to others.

Characteristics of Effective Law

Clarity: Laws must be clear to enhance understanding and compliance.
Consistency: Ensures similar cases receive similar treatment.
Enforceability: Effective mechanisms must support law enforcement and compliance.
Fairness: Laws should protect individual rights and promote justice.
Flexibility: Laws should adapt to societal changes and evolving norms.

Criminal Law & Sanctions

Crimes in Victoria are codified in the Crimes Act 1958 and other statutes detailing offenses and penalties.
Definition of Crime: An act that contravenes the law and subjects the offender to punishment by the state.
Three Elements of Crime:
- A criminal act (actus reus)
- A culpable state of mind (mens rea)
- The concurrence of act and state of mind in committing the offense.

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Description

Explore the foundational concepts of law in this quiz. Distinguish between legal and non-legal rules, understanding how each operates within society. This lesson provides insights into the enforcement and implications of legal rules created by official bodies.

Introduction to Law - Lesson 1