Malta Law and Government Quiz
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Questions and Answers

What is the primary source of law in Malta?

  • International Law
  • Written Law (correct)
  • Religious Law
  • Customary Law

    • The Maltese Constitution is the least important law in Malta.

    False (B)

    What is the role of the Executive branch of government in Malta?

    To enforce laws.

    The ______ is responsible for creating laws in Malta.

    <p>Legislative branch</p> Signup and view all the answers

    Which of the following is NOT considered a Superior Court in Malta?

    <p>Court of Magistrates (B)</p> Signup and view all the answers

    The Maltese Constitution protects people's fundamental rights.

    <p>True (A)</p> Signup and view all the answers

    Match the following branches of government with their primary function:

    <p>Legislative = Interprets laws Executive = Enforces laws Judiciary = Makes laws</p> Signup and view all the answers

    What is the purpose of subsidiary laws?

    <p>To provide specific rules and regulations under broader laws created by Parliament.</p> Signup and view all the answers

    Which of the following describes the process of accession in international law?

    <p>A country joins a treaty that other countries have already signed and ratified. (D)</p> Signup and view all the answers

    The Vienna Convention on the Law of Treaties came into force in 1999.

    <p>False (B)</p> Signup and view all the answers

    What is the name of the set of laws, rights, and obligations that all EU countries must follow?

    <p>Acquis Communautaire</p> Signup and view all the answers

    The ______ ensures EU law is part of Maltese law.

    <p>European Union Act</p> Signup and view all the answers

    Which of these EU laws are directly applicable in Malta without any changes?

    <p>Regulations (A)</p> Signup and view all the answers

    Match the international organizations with their descriptions:

    <p>Council of Europe = Focuses on human rights, democracy, and the rule of law. United Nations (UN) = International organization with a broad mandate covering peace and security, development, and human rights. British Commonwealth = Intergovernmental organization of 54 member states, mostly former British colonies. European Union (EU) = Political and economic union of 27 European countries.</p> Signup and view all the answers

    According to the lecture, Malta's membership in international organizations means it's completely bound by the rules of those organizations, with no room for independent action.

    <p>False (B)</p> Signup and view all the answers

    What legal concept helps determine which country's laws apply in cases involving more than one country?

    <p>Conflict of Laws</p> Signup and view all the answers

    Which of the following is considered a 'Material Offence'?

    <p>Assaulting someone (D)</p> Signup and view all the answers

    An example of a 'Continuous Offence' is a single instance of theft.

    <p>False (B)</p> Signup and view all the answers

    What is the main difference between 'Simple Offences' and 'Complex Offences'?

    <p>Simple offences involve a single act, while complex offences involve multiple acts or steps to commit the crime.</p> Signup and view all the answers

    Failing to provide assistance to someone in danger, when legally obligated, is an example of an ______ offence.

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

    Match the following types of offences with their appropriate definitions:

    <p>Formal Offences = Crimes considered wrong simply because the law says they are. Harm may not be involved. Material Offences = Crimes involving actual harm or damage being caused. Simple Offences = Crimes that are straightforward and involve only one act. Complex Offences = Crimes involving multiple acts or steps to commit the crime. Often requiring a series of actions.</p> Signup and view all the answers

    Both 'Crimes' and 'Contraventions' are considered serious offences according to Article 2 of the Criminal Code.

    <p>False (B)</p> Signup and view all the answers

    Provide an example of a 'Continuing Offence' and explain why it fits this category.

    <p>Bribery over several months is an example of a continuing offence because the act of bribery is repeated over an extended period.</p> Signup and view all the answers

    Which of the following is NOT a factor that can affect criminal liability?

    <p>Financial status (D)</p> Signup and view all the answers

    Criminal law primarily focuses on disputes between individuals.

    <p>False (B)</p> Signup and view all the answers

    What are the two key elements typically required for criminal liability?

    <p>A bad action (harmful or illegal) and a bad intention (knowing it's wrong but doing it anyway).</p> Signup and view all the answers

    Crimes can be classified as major offenses, also known as _____, or minor offenses, called _____.

    <p>crimes, contraventions</p> Signup and view all the answers

    Match the following legal concepts with their corresponding descriptions:

    <p>Criminal law = Deals with offenses against society or the state Civil law = Handles disputes between individuals Guilty mind = The intention to commit a crime Guilty act = The physical act of committing a crime</p> Signup and view all the answers

    Which of the following is an example of a crime that involves failing to act?

    <p>Neglecting a child in danger (A)</p> Signup and view all the answers

    In all cases, criminal liability requires proof of a malicious intention.

    <p>False (B)</p> Signup and view all the answers

    What is the difference between a crime and a contravention?

    <p>A crime is a major offense, often with more serious consequences, while a contravention is a minor offense with less severe penalties.</p> Signup and view all the answers

    If a person commits a new crime while on probation or conditional discharge, what happens to their suspended sentence for the first offense?

    <p>The suspended sentence is automatically lifted, and they must serve the original prison sentence. (B), The court can choose to lift the suspension or extend the operational period, depending on the circumstances. (D)</p> Signup and view all the answers

    If a person commits an involuntary offense (like an accident) while on a suspended sentence, the court will always remove the suspension and force them to serve the original prison sentence.

    <p>False (B)</p> Signup and view all the answers

    What term refers to an individual who has already been convicted of a crime and commits another offense?

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

    Aggravation of recidivism, which makes the punishment worse, depends on the time limits in ____ and whether the first sentence was executed.

    <p>Article 50</p> Signup and view all the answers

    Match the following actions with their corresponding stages in the process of dealing with a breach of conditions:

    <p>Summon the person to court = 1. Summon the person Hear evidence about the breach = 2. Hear evidence Decide whether to lift the suspension or take other action = 3. Decide</p> Signup and view all the answers

    Which of these is NOT a purpose of punishment in criminal law?

    <p>Compensation (C)</p> Signup and view all the answers

    The concept of "lex talionis" promotes fairness and equality in punishment.

    <p>False (B)</p> Signup and view all the answers

    What is the main goal of reformative justice?

    <p>To help offenders change their behavior and reintegrate into society.</p> Signup and view all the answers

    A ______ sentence involves the court delaying sending the offender to prison unless they commit another crime within a specific time.

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

    Match the following types of punishments with their descriptions:

    <p>Suspended Sentence = The offender is released without any conditions, usually for minor offenses or after showing remorse. Probation of Offenders' Act = The offender is released without punishment, but faces consequences if they commit another crime within a set period. Conditional Discharge = The court places the offender under the supervision of a probation officer. Unconditional Discharge = The court decides not to send the offender to prison unless they commit another crime during a specific time. Probation Order = Instead of prison, the offender is put under supervision, where they must follow rules and show they're changing their behavior.</p> Signup and view all the answers

    Which of the following is an example of a reformative punishment?

    <p>Community service (B), Probation (D)</p> Signup and view all the answers

    The concept of parole directly contradicts the idea of retributive justice.

    <p>True (A)</p> Signup and view all the answers

    Why is it important for criminal justice systems to balance punishment with rehabilitation?

    <p>Balancing punishment with rehabilitation is essential to ensure fair and effective justice, protect society, and help offenders reintegrate into society and contribute positively.</p> Signup and view all the answers

    Study Notes

    UBI SOCIETAS IBI IUS

    • A maxim meaning that law is present in all forms of stable political organisations
    • Arising from social collaboration

    The Nuremberg Trial and its Legacy

    • The first international war crimes tribunal in history
    • Exposed the true extent of German atrocities
    • Held prominent Nazis accountable for their crimes

    Jurisprudence

    • Provides a theoretical foundation for the principles of law
    • Enables the discovery of legal fallacies
    • Teaches lawyers, law students, judges, jurists, and legislators to think legally and conduct their activities more efficiently

    Ganado's Four Tenets

    • Jus: The basic concept of law or rights that govern society. It encompasses rules and principles guiding actions and relationships.
    • Jurisprudentia: The study or knowledge of law. Includes understanding how laws are made, interpreted, and applied by legal experts.
    • Justitia: Justice, fairness in the application of laws to ensure equal treatment under the law.
    • Aequitas: Equity or fairness in the application of law. Making legal decisions that consider individual cases, not just rules.

    Case Law

    • Law based on judicial decisions rather than constitutions, statutes, or regulations
    • Resolves unique disputes by courts using evidence of concrete facts.

    Natural Law

    • Universal principles that apply to everyone, everywhere, and at all times.
    • Not written down, but based on reason or innate human understanding of right and wrong.
    • Natural Law philosophy helps explain why positive laws (created by governments) have power
    • Helps understand how laws created by governments may be valid even without directly following natural law principles.

    Law in Society

    • UBI SOCIETAS IBI IUS – “Wherever there is society, there is law.”
    • Law touches every aspect of society

    The Constitution

    • Highest law of the land
    • Establishes uniformity of conduct and ensures ethical behavior
    • Protects individual freedoms enshrined in the Constitution
    • Underpins the foundation of the entire legal and political system

    Custom in Law

    • Rules or practices developed over time based on community agreement.
    • Not formally written, but followed consistently.
    • Helps fill in gaps in written laws
    • Proved with legal opinions, or stated necessities by society

    Primary Legislation

    • Main laws passed directly by the parliament
    • Often called acts or statutes
    • Includes codes, major legal documents, and specific laws

    Secondary Legislation

    • Laws created by other authorities under primary laws
    • Includes legal notices (official notices that change or create laws) and bye-laws (local rules)
    • First Reading: Law introduced to Parliament and its title is read.
    • Second Reading: Parliamentarians discuss main ideas and principles of the law.
    • Committee Stage: A smaller group of parliamentarians reviews the law and suggests improvements.
    • Report Stage: The committee reports its alterations back to parliament.
    • Third Reading: Parliamentarians vote on the final version of the law.
    • Delegated or subsidiary legislation: Parliament allows other bodies to create laws in certain areas and can create secondary laws to support primary laws

    Separation of Powers

    • System where government is divided into three branches: Legislative (makes laws), Executive (enforces laws) and Judicial (interprets and applies laws).
    • These branches balance and check each other to avoid dictatorship or errors.

    The Judiciary

    • Interprets laws and ensures they are applied fairly, using the Constitution

    The Courts of Malta

    • Court of Magistrates: Handles less serious cases, as well as acting as a court of inquiry
    • Juvenile Court: Handles cases involving minors
    • Criminal Court: Handles more serious crimes
    • Court of Criminal Appeal: Reviews cases for errors in law
    • Constitution Court

    Primary Written Sources of Maltese Law

    • The Constitution
    • Acts of Parliament (Primary Legislation)
    • Subsidiary Legislation
    • EU Law
    • International Treaties
    • Decisions of courts, like the Constitutional Court, and Court of Appeal

    International Law

    • Deals with rules and agreements between countries
    • Covers areas like treaties, human rights, and government responsibilities to each other

    Private International Law

    • Deals with legal issues that cross borders involving individuals or businesses

    Treaties

    • Official agreements between countries
    • Follow international law
    • Can cover a variety of issues from trade agreements to agreements on human rights
    • Important to note that even if Malta signs a treaty, it doesn't automatically become a part of Maltese law until Parliament makes it officially part of the national legal system

    Criminal Law

    • Deals with actions that harm society or disrupt public order
    • Outlines punishments for breaking the law
    • Deals with the different types of wrongdoing to society
    • Defines what a legal wrong is in that jurisdiction
    • The law is designed to identify, deter, and punish wrongdoing that harms the community

    Civil Law

    • Involves private disputes between individuals like accidents, contracts, and family matters
    • Aims at fixing the harm caused, and not punishing the individual

    Classification of Criminal Offences

    • Offences of Commission: Actions
    • Offences of Omission: Failures to act
    • Formal Offences: Offences based on the law itself, regardless of harm caused
    • Material Offences: Offences that cause harm
    • Simple Offences: Single act
    • Complex Offences: Multiple actions
    • Continuous Offences: Crimes happening over a period
    • Continuing Offences: Crimes with ongoing effects
    • The Nature and Gravity of the Offence: How serious the crime is

    Criminal Liability

    • Mens Rea (guilty mind): Intent
    • Actus Reus (guilty act): The act committed

    Exemptions from Criminal Responsibility

    • Mental illness
    • Lack of understanding due to age or intoxication
    • Lack of control due to coercion or force

    Punishment

    • Deterrent: Discouraging crime
    • Retributive (e.g., eye for an eye): Punishing for the sake of retribution
    • Reformative: Helping the offender change for the better

    Operational Period

    • Time constraints on a suspended sentence
    • The period during which the person is under a suspended sentence

    Probation

    • A way to avoid prison for a convicted person, but placed under the supervision of a probation officer

    Repeating an Offence (Recidivism)

    • Repeat offenders may also face more severe punishments, especially for the new crime

    Courts of Jurisdiction

    • Court of Magistrates
    • Court of Inquiry
    • Juvenile Court
    • Criminal Court
    • Court of Criminal Appeal

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    Description

    Test your knowledge on the legal system and government structure of Malta. This quiz covers sources of law, the role of government branches, and international law as it pertains to Malta. Perfect for students or anyone interested in Maltese law and politics.

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