Introduction to Law - Lesson 1
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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?

    <p>Promotion of Justice</p> Signup and view all the answers

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

    <p>High-profile criminal case</p> Signup and view all the answers

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

    <p>Complex civil disputes and serious criminal cases</p> Signup and view all the answers

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

    <p>County Court of Victoria</p> Signup and view all the answers

    What is VCAT's primary role?

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

    What type of disputes does VCAT have jurisdiction over?

    <p>Civil, administrative, and tribunal matters</p> Signup and view all the answers

    Which court serves as the highest appellate court in Australia?

    <p>The High Court of Australia</p> Signup and view all the answers

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

    <p>To assess the evidence and determine the facts of the case</p> Signup and view all the answers

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

    <p>The Magistrates' Court of Victoria</p> Signup and view all the answers

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

    <p>Appellate Division</p> Signup and view all the answers

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

    <p>12 people</p> Signup and view all the answers

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

    <p>Supreme Court and County Court</p> Signup and view all the answers

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

    <p>A person convicted of serious criminal offenses</p> Signup and view all the answers

    What is one advantage of using a jury in trials?

    <p>Community involvement</p> Signup and view all the answers

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

    <p>They are unavailable due to personal reasons</p> Signup and view all the answers

    Who is primarily responsible for enforcing laws?

    <p>Law enforcement agencies</p> Signup and view all the answers

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

    <p>It can be costly and time-consuming</p> Signup and view all the answers

    What is the difference between statute law and common law?

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

    What primarily differentiates statute law from common law?

    <p>Statute law is made by legislation passed by Parliament.</p> Signup and view all the answers

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

    <p>Resolve disputes and ensure justice is administered fairly.</p> Signup and view all the answers

    What is a legal precedent?

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

    Why is the case of Donoghue v Stevenson significant?

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

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

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

    Where are crimes codified in Victoria?

    <p>The Crimes Act 1958 and other statutes</p> Signup and view all the answers

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

    <p>The support by mechanisms ensuring compliance and addressing violations.</p> Signup and view all the answers

    What are the three elements that make up a crime?

    <p>Act, Intent, and Harm</p> Signup and view all the answers

    Study Notes

    • 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.

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