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Study sets matching "legal studies lectures"

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Study sets matching "legal studies lectures"

76 terms
Legal Studies 131- Lecture notes
Criminal Justice Integrates
Discretion
Gatekeeping function
Factual Guilt
law, history, political science, journalism, sociology, psych…
authority of an actor in the criminal justice system to make…
limiting the number of cases that reach the system
Whether a defendant has committed a crime
Criminal Justice Integrates
law, history, political science, journalism, sociology, psych…
Discretion
authority of an actor in the criminal justice system to make…
legal studies
legal studies
Appeal
Arbitration
Balance of probabilities
Area of study 2, The civil law in action
when a party to a dispute heard by a court takes the matter t…
when a third party ( the arbitrator ) decides a case, but onl…
the standard of proof in a civil case
legal studies
Area of study 2, The civil law in action
Appeal
when a party to a dispute heard by a court takes the matter t…
96 terms
Legal Studies
codified law
case law
democracy
convention
law that exists as written form, primarily as statutes and re…
law made by judges to the extent necessary to resolve legal d…
government by the people. A system in which the people have a…
unwritten rule that has no legal standing which is generally…
codified law
law that exists as written form, primarily as statutes and re…
case law
law made by judges to the extent necessary to resolve legal d…
18 terms
Legal Studies Lecture Review Quiz #1
Obama
5%
Criminal
Civil
First president to visit prison
Number of cases that go on trial
Type of law aimed at retribution
Type of law that works with personal injury & conflict betwee…
Obama
First president to visit prison
5%
Number of cases that go on trial
74 terms
Legal Studies Unit 2 Revision
doctrine of precedent
Persuasive precedent
out-of-court settlement
civil remedy
doctrine that requires a court to follow the law established…
A common law precedent that may be used by a court in reachin…
An out-of-court agreement reached by the plaintiff and the de…
An outcome of a civil dispute awarded by the court to the suc…
doctrine of precedent
doctrine that requires a court to follow the law established…
Persuasive precedent
A common law precedent that may be used by a court in reachin…
63 terms
Legal Studies
Criminal Law
Civil Law
Consumer Law
Environmental Law
A crime is an offence against the state or the whole communit…
Involves private disputes between individuals based on torts.…
Protects the rights of consumers in the purchase of goods ans…
Laws that are aimed at protecting the environment for future…
Criminal Law
A crime is an offence against the state or the whole communit…
Civil Law
Involves private disputes between individuals based on torts.…
141 terms
Legal Studies: The Legal System
Law
Values
Rules
Customs
A set if rules imposed on all members of a community which ar…
Principles, standards, or qualities considered worthwhile or…
Regulations or principles governing procedure or controlling…
Collective habits or traditions that have developed in a soci…
Law
A set if rules imposed on all members of a community which ar…
Values
Principles, standards, or qualities considered worthwhile or…
60 terms
Legal Studies Exam 2 Lecture Slides
community policing
Four components of community policing
broken windows
role of police
programs and policies based on a "partnership" or "alliance b…
community based crime prevention, changing focus to nonemerge…
"if a window in a building id broken and left unrepaired, all…
changed from order maintenance to fighting crimes, reestablis…
community policing
programs and policies based on a "partnership" or "alliance b…
Four components of community policing
community based crime prevention, changing focus to nonemerge…
49 terms
Legal Studies
Act
Accessory
actus reus
Adversary system
A statutory plan passed by Congress or any legislature which…
One who contributes to the commission of a crime, whether by…
A wrongful act or omission that constitutes the physical aspe…
In this system, the parties to a controversy develop and pres…
Act
A statutory plan passed by Congress or any legislature which…
Accessory
One who contributes to the commission of a crime, whether by…
60 terms
Legal Studies
What are two main things about interna…
What is the constitution?
What is the separation of powers princ…
Our rights are not expressly identifie…
Compliance is voluntary and you cant be forced.
The constitution is a document written inn 1901 which gives e…
There are 3 arms of government that operate independently (no…
Our rights are implied (ie. they exist because legislation co…
What are two main things about interna…
Compliance is voluntary and you cant be forced.
What is the constitution?
The constitution is a document written inn 1901 which gives e…
50 terms
Legal Studies 1
crime
state
beyond reasonable doubt
accused
act or omission against the community that is punishmable by…
a government and the people it governs; a country
burden of proof for criminal cases
person alleged to have committed a criminal act
crime
act or omission against the community that is punishmable by…
state
a government and the people it governs; a country
Legal studies-Legal Personnel
Coroner
Accused
Magistrate
Bench Clerk
Investigates and reports findings on the cause of unexpected…
Person charged with a crime and on trial
Legal officer who presides over the Magistrates Court
official who sits below Magistrate in Magistrates Court and c…
Coroner
Investigates and reports findings on the cause of unexpected…
Accused
Person charged with a crime and on trial
165 terms
HSC Legal Studies: Crime
crime
what constitutes a crime
what is the standard of proof for a cr…
elements of crime
an act or omission committed against the community at large t…
punishable... has a victim
beyond a reasonable doubt
actus reus... mens rea
crime
an act or omission committed against the community at large t…
what constitutes a crime
punishable... has a victim
50 terms
Legal Studies - Crime
Accessory after the fact
Actus reus
Adversarial system of trial
Alleged
A person (or persons) who helped the main perpetrator after a…
"The guilty act" physical performance of a criminal act
System of trial used in Australia, in which the two sides of…
A person is accused of committing a crime, but has not yet be…
Accessory after the fact
A person (or persons) who helped the main perpetrator after a…
Actus reus
"The guilty act" physical performance of a criminal act
154 terms
HSC Legal Studies- Crime
Actus reus
Mens rea (three parts)
Strict liability offences
Causation
the physical act or conduct element of a criminal act
guilty mind... (a) intention... (b) recklessness... (c) negligence
prosecution must only prove actus reus and no criminal intent…
prosecution must show there is a link between the act and the…
Actus reus
the physical act or conduct element of a criminal act
Mens rea (three parts)
guilty mind... (a) intention... (b) recklessness... (c) negligence
30 terms
11 Legal Studies Constitution
Legislative powers
Concurrent
Exclusive powers
Residual powers
The legal capacity to make laws
Powers that exist at the same time held by both state and fed…
Powers that can be exercised only by the Federal government
Matters on which the state can legislate as they are not refe…
Legislative powers
The legal capacity to make laws
Concurrent
Powers that exist at the same time held by both state and fed…
52 terms
Legal Studies HSC: Crime
Mens rea
Actus reus
Causation
Strict Liability Offence
The guilty mind
The guilty act
Link between the actions of the accused and the harm caused t…
An offence where the mens rea does not need to be proved
Mens rea
The guilty mind
Actus reus
The guilty act
17 terms
Legal Studies
Criminal Law
Civil Law
Defendant
Prosecutor
Criminal law means concerned with the breaches of the law tha…
Civil law means concerned with the infringement of a person's…
A defendant is a person charged with a criminal offences or a…
someone who brings charges in court against someone.
Criminal Law
Criminal law means concerned with the breaches of the law tha…
Civil Law
Civil law means concerned with the infringement of a person's…
25 terms
Legal Studies
Define an agreement.
What are the three essential elements…
Distinguish between an 'invitation to…
Acceptance must be actually communicat…
A negotiated and typically legal binding arrangement between…
- Intention to create legal relations.... - Offer and acceptance…
An invitation to treat is an action INVITING other parties to…
First principle of acceptance.
Define an agreement.
A negotiated and typically legal binding arrangement between…
What are the three essential elements…
- Intention to create legal relations.... - Offer and acceptance…
32 terms
Legal Studies Revision
What is a Bill?
What are the three powers in the separ…
Explain what the powers are of the exe…
What is the ratio decidendi?
It is a document of proposed legislation that is passed throu…
The executive, the legislator and the judiciary.
The executive prepares and researches bill, and administers a…
It is the binding part of the court's decision and forms part…
What is a Bill?
It is a document of proposed legislation that is passed throu…
What are the three powers in the separ…
The executive, the legislator and the judiciary.
67 terms
Preliminary Legals: The Legal Studies
Law
Customs
Rules
Values
The body of rules and principles governing the affairs of a c…
A practice or behaviour that has developed over a log period…
Principles or understood regulations which govern conduct wit…
The feelings, principles and attitudes that a society or an i…
Law
The body of rules and principles governing the affairs of a c…
Customs
A practice or behaviour that has developed over a log period…
15 terms
Term 1 Legal Studies
executive
legislature
judiciary
separation of powers
the Prime Minister and cabinet, puts the law into action
the Senate, House of Representatives, and Governor General; m…
the Federal and High Courts; interprets and makes judgments a…
the power to govern is distributed between the Parliament, th…
executive
the Prime Minister and cabinet, puts the law into action
legislature
the Senate, House of Representatives, and Governor General; m…
49 terms
Revision Legal Studies AOS 3 Unit 1
Indictable offence
Summary offence
Can Police are your name and address e…
Arrest
a serious criminal offence which entitles the defendant to a…
minor less serious offence that can be heard in the Magistrat…
Yes but only if you a driving a vehicle or you have informati…
take a suspect into custody
Indictable offence
a serious criminal offence which entitles the defendant to a…
Summary offence
minor less serious offence that can be heard in the Magistrat…
25 terms
Legal Studies
Define Law
Define Rules
Which includes the law makers
Includes the ministers and government…
Enforceable quidelines set out by the government for all of s…
Quidelines that arent enforced by the law but are enforced by…
Legislature
executive
Define Law
Enforceable quidelines set out by the government for all of s…
Define Rules
Quidelines that arent enforced by the law but are enforced by…
78 terms
Legal Studies
Implied Rights
Responsibilities
Rights
Self-Determination
Civil or political rights that can be inferred from the const…
Legal or moral obligations to others
Legal or moral entitlements (to have or do something)
The right to determine one's own acts without external influe…
Implied Rights
Civil or political rights that can be inferred from the const…
Responsibilities
Legal or moral obligations to others
Legal Studies
Democracy
Monarchy
Dictatorship
Republic
Government by the people; a form of government in which the s…
State or nation in which the supreme power is nominally lodge…
Country, government or form of government in which absolute p…
A state in which supreme power is held by the people and thei…
Democracy
Government by the people; a form of government in which the s…
Monarchy
State or nation in which the supreme power is nominally lodge…
26 terms
Legal Studies Outcome 1
Legal rules
Non Legal Rules
Civil Law
Criminal Law
Laws created by the legal system and enforced by judges and t…
Rules established within a group but not laws generally enfor…
Laws regulating the behavior of private individuals.
Laws concerned not only with the rights of individuals direct…
Legal rules
Laws created by the legal system and enforced by judges and t…
Non Legal Rules
Rules established within a group but not laws generally enfor…
11 terms
Legal Studies
Human Rights
(AHRC) Australian Human Rights Commiss…
LR who enforce Human Rights
ICCPR
A set of moral and legal guidelines that promote and protect…
Priorities such as children's right, contains acts of rights…
UDHR Universal Declaration of Human Rights
International covenant on civil and political rights (society)
Human Rights
A set of moral and legal guidelines that promote and protect…
(AHRC) Australian Human Rights Commiss…
Priorities such as children's right, contains acts of rights…
23 terms
Legal Studies
Non-legal rules
Laws
Criminal Law
Civil Law
Rules set by parents, schools or sporting groups
Rules set by parliament and enforced by a court
establishes acceptable behavior by prohibiting certain action…
Covers the infringement of a persons right - no police involved
Non-legal rules
Rules set by parents, schools or sporting groups
Laws
Rules set by parliament and enforced by a court
27 terms
Legal Studies - The Constitution
bill of rights
concurrent powers
Constitution
division of powers
a document that sets out individual democratic and human rights
powers in the Constitution that may be exercised concurrently…
the Commonwealth of Australia Constitution Act 1900 (UK), whi…
the way in which law-making powers are divided between the Co…
bill of rights
a document that sets out individual democratic and human rights
concurrent powers
powers in the Constitution that may be exercised concurrently…
74 terms
Legal Studies
Cause of Action
Statute
Stare Decisis
Affirm
A CLAIM THAT BASED ON THE LAW AND FACTS IS sufficient to supp…
a law enacted by state legislature or by congress
The doctrine that normally once a court has decided an issue,…
A decision is affirmed when the litigants appeal the trial co…
Cause of Action
A CLAIM THAT BASED ON THE LAW AND FACTS IS sufficient to supp…
Statute
a law enacted by state legislature or by congress
60 terms
Legal Studies
Society
State
Legal rules
Criminal Law
A group of individuals living together.
Those who make and enforce laws are referred to as a 'state'.
Laws that apply to all individuals in society, mae by a law-m…
Made by law-making bodies (such as parliment) applies to the…
Society
A group of individuals living together.
State
Those who make and enforce laws are referred to as a 'state'.
81 terms
Legal Studies
Rule
Law
Why do we need laws?
4 main roles of law
People directly involved ... No penalties
Everyone in society ... Legal Rules... Penalised if broken
- avoid confusion and chaos... - order is created... - support of w…
1. establish boundaries... 2. protection... 3. freedom... 4. resolves…
Rule
People directly involved ... No penalties
Law
Everyone in society ... Legal Rules... Penalised if broken
30 terms
Legal studies
Law
Precendent
Original jurisdiction
Appellate jurisdiction
Set of rules imposed on all members of a community that is of…
Common ruling made by judges
Power to hear a matter for the first time
Power to hear appeals from lower courts
Law
Set of rules imposed on all members of a community that is of…
Precendent
Common ruling made by judges
21 terms
Legal Studies
Representative government
Responsible government
Commonwealth government adhering to re…
Commonwealth government adhering to re…
Members are voted for by the people and have a duty to repres…
All members and ministers of parliament are accountable to pa…
resignation results if failure to be responsible, for example…
the states house represents the interests of the minority/sma…
Representative government
Members are voted for by the people and have a duty to repres…
Responsible government
All members and ministers of parliament are accountable to pa…
29 terms
Legal studies
Mens rea
Actus reus
Criminal liability: Burden of proof
Standard of proof
Guilty mind
Guilty act
Innocent until proven guilty
Beyond reasonable doubt
Mens rea
Guilty mind
Actus reus
Guilty act
21 terms
Legal studies
Bill
Statute law/legislation/acts
Royal assent
Upper House
...
...
...
...
Bill
...
Statute law/legislation/acts
...
106 terms
Legal Studies
What is Democracy?
Outline the key features that underpin…
Discuss the Benefits of a democracy
Define Federation
A democracy is a society that is run by the people, for the p…
-Freedom to vote... -Freedom of election... -freedom of speech, exp…
• That citizens are allowed to express their political views…
The process undertaken to unite all the Australian states and…
What is Democracy?
A democracy is a society that is run by the people, for the p…
Outline the key features that underpin…
-Freedom to vote... -Freedom of election... -freedom of speech, exp…
30 terms
Legal Lecture :
Sources of Legal Guidelines come from :
Criminal Law Includes :
Nurse Practice Act____ and _____ the l…
An example of a Federal Law is the :
Statutory Law,... Criminal Law,... Civil Law,... Regulatory Law... Common…
Felonies and Misdemeanors.
Describes and Defines, State.
Americans with Disabilities Act.
Sources of Legal Guidelines come from :
Statutory Law,... Criminal Law,... Civil Law,... Regulatory Law... Common…
Criminal Law Includes :
Felonies and Misdemeanors.
24 terms
Legal studies
Laws
Rules
Justice
Access
A set of rules which apply to all people in society and which…
A set of guidelines which govern the behaviour of a particula…
A legal system that ensure fairness, equality and access to t…
The ability of people to utilise the legal sydtem and the cap…
Laws
A set of rules which apply to all people in society and which…
Rules
A set of guidelines which govern the behaviour of a particula…
18 terms
Legal Studies
Parliamentary
Representative government
Responsible government
Crown
relating to, enacted by, or suitable for a parliament
An electoral system where citizens vote to elect people to re…
government that is responsible to the people.
Govener general
Parliamentary
relating to, enacted by, or suitable for a parliament
Representative government
An electoral system where citizens vote to elect people to re…
55 terms
LEGAL STUDIES
MEANING OF LAW
DEFINE LAW
STATUTE LAW
COMMON LAW
a law is a type of rule made by person/institution that has t…
is universal, applies equally and consistently with everyone…
law made by parliament... through the passing of a bill
law made in court by judges
MEANING OF LAW
a law is a type of rule made by person/institution that has t…
DEFINE LAW
is universal, applies equally and consistently with everyone…
12 terms
Legal Studies
Pro Bono
Recidivism
Justice
Just law
A compulsory amount of time lawyers spend giving back to the…
The rate of re- offending
Fairness and equity and equality
The views of the majority known to everyone
Pro Bono
A compulsory amount of time lawyers spend giving back to the…
Recidivism
The rate of re- offending
15 terms
LEGAL STUDIES
LAW
RULE
SEPARATION OF POWERS
DIVISION OF POWERS
the system of rules which a particular country or state recog…
a system of explicit or understood regulations inhibited by t…
comes from our constitution and is made up of the legislature…
comes from our constitution and is made up of rights and resp…
LAW
the system of rules which a particular country or state recog…
RULE
a system of explicit or understood regulations inhibited by t…
13 terms
Legal Studies
In the AMS v. AIF the High Court ruled…
The High Court can interpret words of…
Brislan was charged with owing a radio…
Express rights are rights that are cle…
AMS vs AIF
High Court Interpretation
Brislan's case
Express rights
In the AMS v. AIF the High Court ruled…
AMS vs AIF
The High Court can interpret words of…
High Court Interpretation
56 terms
Legal studies
An act or omission of dury, injurious…
Actus reus, men's reus, strict liabili…
Offence against the person, offence ag…
Guilty mind, intention within the crim…
What is the meaning of crime?
Name the 4 elements of crime
Name the categories of crime
What does means rea mean?
An act or omission of dury, injurious…
What is the meaning of crime?
Actus reus, men's reus, strict liabili…
Name the 4 elements of crime
17 terms
Legal Studies
Specialisation
Doctrine of Precedence
Committal hearing
Subordinate authorities
Courts ranked in an order of importance (in regards to the ca…
When there is no previous law for the hearing so the judge ma…
If the defendant pleads guilty they will then be committed fo…
A body to which parliament delegates the power to make laws
Specialisation
Courts ranked in an order of importance (in regards to the ca…
Doctrine of Precedence
When there is no previous law for the hearing so the judge ma…
57 terms
Legal Studies
Burden of Proof
Preponderance of Evidence
Clear and Convincing Evidence
Beyond A Reasonable Doubt
Obligation of person who has brought the action to provide a…
-the greater weight of the evidence required in a civil lawsu…
Clear and convincing proof means that the evidence presented…
The standard that must be met in a criminal prosecution: ... tha…
Burden of Proof
Obligation of person who has brought the action to provide a…
Preponderance of Evidence
-the greater weight of the evidence required in a civil lawsu…
25 terms
Legal Studies:
Civil Law
Criminal Law
Legal Rules
Non Legal rules
Laws regulating the behavior of private individuals
Laws concerned not only with the rights of individuals direct…
Laws created by institutions within the legal system and enfo…
Rules established within a group but not laws generally enfor…
Civil Law
Laws regulating the behavior of private individuals
Criminal Law
Laws concerned not only with the rights of individuals direct…
34 terms
legal studies
Rule
Customs
law
Why do laws change
regulations or principles governing procedure or controlling…
a traditional and widely accepted way of behaving or doing so…
a set of rules imposed on all members of a community which ar…
- to reflect the values and ethics of society i,e same sec ma…
Rule
regulations or principles governing procedure or controlling…
Customs
a traditional and widely accepted way of behaving or doing so…
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