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Questions and Answers
What distinguishes legal rules from non-legal rules?
What distinguishes legal rules from non-legal rules?
Which of the following is NOT one of the four functions of law?
Which of the following is NOT one of the four functions of law?
What is the primary purpose of laws in maintaining social order?
What is the primary purpose of laws in maintaining social order?
Which type of case would typically be heard in the High Court?
Which type of case would typically be heard in the High Court?
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Which of the following examples illustrates the concept of non-legal rules?
Which of the following examples illustrates the concept of non-legal rules?
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What is the typical number of people on a jury in criminal cases in Victoria?
What is the typical number of people on a jury in criminal cases in Victoria?
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Which of the following courts in Victoria utilizes juries for criminal trials?
Which of the following courts in Victoria utilizes juries for criminal trials?
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What does it mean to be disqualified in terms of jury selection?
What does it mean to be disqualified in terms of jury selection?
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Which of the following is an advantage of using a jury?
Which of the following is an advantage of using a jury?
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What is a significant disadvantage associated with jury trials?
What is a significant disadvantage associated with jury trials?
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Who is primarily responsible for creating laws?
Who is primarily responsible for creating laws?
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Which of the following correctly distinguishes between statute law and common law?
Which of the following correctly distinguishes between statute law and common law?
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Who is responsible for enforcing laws?
Who is responsible for enforcing laws?
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What type of cases does the Supreme Court of Victoria – Trial Division handle?
What type of cases does the Supreme Court of Victoria – Trial Division handle?
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Which court primarily deals with summary offences and minor civil matters in Victoria?
Which court primarily deals with summary offences and minor civil matters in Victoria?
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What describes the jurisdiction of VCAT?
What describes the jurisdiction of VCAT?
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What is the role of the jury during a trial?
What is the role of the jury during a trial?
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What types of cases does the County Court of Victoria generally handle?
What types of cases does the County Court of Victoria generally handle?
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Which court in Victoria is primarily responsible for handling appeals from the Supreme Court?
Which court in Victoria is primarily responsible for handling appeals from the Supreme Court?
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What distinguishes VCAT's approach to dispute resolution?
What distinguishes VCAT's approach to dispute resolution?
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Which court is likely to handle serious criminal cases involving sexual assault?
Which court is likely to handle serious criminal cases involving sexual assault?
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What is the primary difference between statute law and common law?
What is the primary difference between statute law and common law?
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What is the main role of the courts?
What is the main role of the courts?
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What does the term 'precedent' refer to in legal contexts?
What does the term 'precedent' refer to in legal contexts?
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Why was the case of Donoghue v Stevenson significant?
Why was the case of Donoghue v Stevenson significant?
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Which of the following is NOT a characteristic of effective law?
Which of the following is NOT a characteristic of effective law?
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Where are crimes codified in Victoria?
Where are crimes codified in Victoria?
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Which of the following best defines a crime?
Which of the following best defines a crime?
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Which element is NOT part of the definition of a crime?
Which element is NOT part of the definition of a crime?
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Study Notes
Legal vs Non-Legal Rules
- Legal Rules: Created by official bodies (legislatures, courts) and enforced by legal institutions. Binding on everyone in their jurisdiction, non-compliance leads to legal penalties. Examples include criminal, civil laws, and traffic regulations.
- Non-Legal Rules: Established by social or informal institutions (families, schools, organizations). Not legally binding and may result in social consequences such as reprimands or exclusion. Examples include school policies and workplace codes of conduct.
Functions of Laws
- Social Order: Maintains peace and order by outlining behavior standards and consequences for violations, preventing chaos and ensuring stability.
- Protection of Rights and Freedoms: Safeguards individual rights (e.g., right to a fair trial, freedom of speech) to ensure they are respected and upheld.
- Resolution of Disputes: Provides formal mechanisms for resolving conflicts through courts, protecting the rights of individuals and entities.
- Promotion of Justice: Establishes standards of acceptable behavior, punishes wrongdoers, and compensates victims to ensure fairness.
Court Hierarchy & Jurisdiction
- High Court of Australia: Hears high-profile constitutional cases; handles appeals from state and territory courts.
- Supreme Court of Victoria – Appeal Division: Deals with appeals from the Trial Division and lower courts on legal and factual issues.
- Supreme Court of Victoria – Trial Division: Handles serious criminal cases and complex civil matters, like murder or large civil disputes.
- County Court of Victoria: Focuses on serious criminal and civil cases, lower in severity than those in the Supreme Court.
- Magistrates’ Court of Victoria: Handles minor criminal cases and less complex civil matters, such as minor theft or traffic violations.
Victorian Civil and Administrative Tribunal (VCAT)
- Role: Resolves disputes in a less formal environment compared to traditional courts, covering areas like civil disputes, administrative matters, and residential tenancies.
- Jurisdiction: Has authority over civil law, administrative law, and tribunal matters, providing a more accessible resolution process.
Jury Duty
- Role of the Jury: Assesses evidence to determine the facts of a case, responsible for delivering a verdict based on evidence presented, influencing guilt or innocence in criminal trials.
- Jury Composition: In Victoria, a jury for criminal cases typically consists of 12 members.
- Courts with Juries: Used in the Supreme Court (Trial Division) and County Court for criminal trials, but not in the Magistrates’ Court.
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Disqualification, Ineligibility, Excusal:
- Disqualified: Serious offenders cannot serve.
- Ineligible: Certain professions (judges, lawyers) face disqualification due to potential conflicts.
- Excused: Individuals may be excused for severe illness, travel commitments, or other valid reasons.
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Advantages of Jury Use:
- Community involvement ensures diverse perspectives and reflects community values.
- Checks and balances provide oversight on judicial authority by a collective verdict.
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Disadvantages of Jury Use:
- Jury trials can be costly and time-consuming, impacting judicial efficiency.
- Verdict inconsistencies may arise due to varying jury compositions and personal biases.
Sources of Law
- Creation and Enforcement: Laws are created by legislative bodies (e.g., Parliament) and enforced by law enforcement agencies (e.g., police, courts). They apply to all within the jurisdiction.
- Statute Law: Written law established by legislation passed by Parliament. It takes precedence over common law.
- Common Law: Developed through judicial decisions, evolving from case law precedents. It is unwritten and adapts through judicial interpretation.
- Role of the Courts: Interpret and apply law, resolve disputes, administer justice, and create legal precedents through case adjudication.
- Precedent: Legal principles established in prior cases that bind or influence subsequent cases with similar facts, ensuring consistency in judicial decisions.
- Importance of Donoghue v Stevenson: Landmark case establishing the duty of care principle in negligence law, introducing the "neighbour principle" regarding foreseeable harm.
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Characteristics of Effective Law:
- Clarity: Laws should be easily understood.
- Consistency: Laws must treat similar cases alike.
- Enforceability: Supported by mechanisms for compliance.
- Fairness: Must protect rights and promote equity.
- Flexibility: Adaptable to societal changes.
Criminal Law & Sanctions
- Crimes Codification: Crimes are codified in the Crimes Act 1958 (Victoria) and related statutes, outlining offenses and penalties.
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Definition of Crime: An act forbidden by law, punishable by the state. Elements include:
- Actus Reus: The physical act of the crime.
- Mens Rea: The mental state or intent of the offender.
- Causation: The act must cause harm or damage.
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Description
Test your knowledge on the differences between legal and non-legal rules. Explore how laws function to maintain social order, protect rights, and resolve disputes. Understand the significance of both types of rules in society.
