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Commerce - Test 1
Study
52
Law
10th Grade
08/06/2012

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Cards

Term
Indictable offences
Definition
Serious offences that are heard between a judge and a jury (criminal)
Term
Accused/Offences
Definition
The term used to refer to a defendant in the county or supreme court (criminal)
Term
Summary offences
Definition
Minor offences heard by a magistrate
Term
Defendant
Definition
A person charged with a criminal offence in court
Term
Bail
Definition
To allow a person charged with a criminal offence to be released from police custody until the trial starts
Term
Plaintiff
Definition
A person bringing a civil action to court
Term
Remedy
Definition
The outcome of a civil case aimed at restoring the injured party to their original position
Term
Prosecution
Definition
The person responsible for presenting a case that an alleged offender has committed an offence (criminal)
Term
Sanction
Definition
A penalty for disobeying a law or rule
eg) fine, prison etc.
Term
Torts
Definition
Wrongful acts committed by one individual against another individual (civil)
eg) defamation, negligence etc.
Term
Compensation
Definition
Money or an order to stop someone from continuing to do what brought them to caught
Term
Remand
Definition
To be denied bail and kept in custody
Term
Judge / magistrate
Definition
The role of them is to determine the facts of the case & apply the law to the facts

Determine outcome
Term
Jury
Definition
They decide if the defendant is guilty or innocent beyond reasonable doubt
Term
Indictable offences heard summarily
Definition
Could be a serious offence, but it is heard in the magistrates court to determine how serious

eg) assault (criminal)
Term
Rules
Definition
Tell us what is acceptable behaviour & what is not acceptable behaviour
Term
Aim of rules
Definition
Keep society functioning effectively, without ANARCHY
Term
Laws need to reflect...
Definition
the value of our society
Term
Laws establish...
Definition
code of conduct
Term
A law is neccessary in order to...
Definition
resolve disputes
Term
An effective law..
Definition
reflects community values such that it meets the demands of a changing society
Term
Laws must be _ to those who need to follow them
Definition
understood & known
Term
An effective law must be en_
Definition
enforcable
Term
High Court
Definition
Deals with international issues and relations between countries
eg) treaties, immigration etc.
Term
Supreme court of appeal
Definition
Allows parties to have their issue reheard due to being too severe, or too lenient
Term
Supreme court
Definition
- Unlimited claims for civil cases
- Most serious offences (murder, treason)
- Jury & Judge
Term
County Court
Definition
- Jury & judge
- Hears indictable offences
- $100,000-unlimited claims
Term
Magistrates Court
Definition
- Magistrate judge - no jury
- $10,000 - 100,000 civil cases
- Summary offences
- Offences heard by a
Term
Four torts
Definition
Negligence
Trepass
Nuisance
Defamation
Term
Main people in civil cases
Definition
Plaintiff & Defendent
Term
Role of a bill
Definition
Initiation
First reading (In Reps)
Second Reading (In Reps)
Third Reading (In Reps)
Consideration in Detail (In Reps)
Upper House (Review)
Royal Assent
Proclaimation / New Law
Term
4 roles of the police in criminal cases
Definition
- Fingerprints
- Body Samples
- Searches
- Ask Questions
Term
Sanction vs. remedy
Definition
Sanction - Criminal
Remedy - Civil
Term
Civil jurisdiction
Definition
Magistrates ($10,000 - $100,000)
County ($100,000 - unlimited)
Supreme (unlimited)
Term
Main people in criminal court
Definition
Prosecutor, judge, magistrate, accussed (offender)
Term
Main people in civil court
Definition
Plaintiff and defendent
Term
Main roles of the House of Reps
Definition
Form government
Initiate legislation
Term
Main roles of the Senate
Definition
Act as a house of review
Safeguard interest of states (States house)
Term
Precedent
Definition
A principle developed by the courts which provides a geuide in similiar cases. This process is where judges refer back to past decision to decide what the law should be. *set precedent*
eg) the case of the snail in the ginger beer bottle formed precedent such that it formed the principles of negligence.
Term
How many senators for how long term?
Definition
76 senators for 6 years
12x6 + 2x2
Term
Lower / upper House of Vic
Definition
Victorian Legislative assembly - 88 members - 4 yr term
" " Council - 40 members - 4 yr term
Term
state / territory parliaments
Definition
6 state, 1 fed, 2 territ
Term
we have a _ system of parliament
Definition
democratic
Term
Reps - how many members and represent how many ppl in one electorate
Definition
150 members
each have 1 electorlate with approx 80,000 voters
Term
Reps - each member's term
Definition
3 year term
Term
Head of parliament
Definition
The crown
Term
First / Second / Third reading
Definition
A Bill is introduced, some debate happens
Term
Goods are always visible and touchable things that people buy?
Definition
Yes
Term
Tangible / Untangible
Definition
Untangible good is a good that is intangible, meaning that it can not be touched, as opposed to a physical good
Term
Durable goods
Definition
Goods not for immediate consumption and able to be kept for a period of time.
Term
Norms
Definition
Our beliefs as society as we decide what we can and can't do
-> What is morally correct or acceptable behaviour
Term
Rules
Definition
Determine what we can't do
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