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21 Cards in this Set
- Front
- Back
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What does the Commonwealth of Australia Constitution Act (UK) establish? |
Establishes the Commonwealth Parliament as central law-making body. |
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Define negligence |
Doing or not doing something a reasonable person would or would not do in certain circumstances, which causes harm or loss to another person. |
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4 terms which apply to civil law |
Individual rights Compensation Two parties Sue |
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Law made by the Commonwealth are called? (3 terms) |
Acts Legislation Statute law |
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What do we call the person who brings a civil case to court? |
Plaintiff |
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5 terms which apply to criminal law |
Arrest Guilty Charge Accused Sentence |
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4 aims of criminal law |
Arrest Prosecution Punish Detain |
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5 elements of an effective law |
Flexible Acceptable Known Enforceable Stable |
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Criminal law applies to crime against... |
Property Person Morality Legal system State |
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5 examples of civil law |
Tort law Family law Industrial/workplace law Consumer law Property law |
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Crimes against person include... |
- Homicide - Sexual offences - Assault - Abduction |
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Define homicide |
Mean the killing of a person by another person |
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Lawful homicide includes... |
- Execution order by a court - Enforcement of the law - Accident or self-defence |
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Unlawful homicide includes... |
- Murder - Manslaughter - Defence homicide - Infanticide - Culpable driving - Dangerous driving resulting in death |
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Element of murder - must be proved by the prosecution |
- Person - Sound memory - Discretion - Unlawfully - Any reasonable creature in being - The death - Malice aforethought |
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For malice aforethought to exist, it must be shown that the act of murder was undertaken: |
- With the intent to kill - With the intent to inflict grievous bodily harm - With reckless indifference - As a result of a chain of events |
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Give an example of causation |
Jack strikes Richard and leaves him unconscious under a tree. Lightning hits the tree, breaking a branch which falls on Richard, killing him. |
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What is the causal chain? |
Refers to an unbroken link between the act of the accused and the victim's death |
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What is manslaughter? |
Applies to situations where there is no intent to kill or cause grievous bodily harm, but the offence still results in death. |
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What is infanticide? |
Where a mother kills a child under 2 years of age by reason of mental disturbance resulting from the effects of giving birth to the child. Max. penalty = 5 years old |
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What is child homicide? |
Where a person kills a child under the age go 6 years in circumstances that would be considered manslaughter. Max. penalty = 20 years old |
