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daniel Gonnella
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Decks in this class (358)
Overview Of Australian Parliamentary System
What is australia s political sys...,
What does bicameral mean,
What regions in australia aren t ...
4
cards
Representative Government
Define representative government,
What is the role of representativ...,
What is the purpose of representa...
5
cards
Representative Government - In Depth
How is representative government ...,
Define democracy,
How is representative government ...
5
cards
Representative Government - Strengths/limitations
Name and describe two advantages ...,
Name and describe two disadvantag...
2
cards
Responsible Government
Define responsible government,
Role of responsible government,
Purpose of responsible government
3
cards
Responsible Government - In Depth
What must a democratically electe...,
How is the senate able to ensure ...,
What is ministerial accountability
7
cards
Responsible Government - Strengths/limitations
Name and describe two advantages ...,
Name and describe two disadvantag...
2
cards
Separation Of Powers
Define separation of powers,
What is the legislative branch,
What is the executive branch
7
cards
Separation Of Powers - In Depth
Where is the power to administer ...,
What is the head of the executive...,
What 3 positions are a part of bo...
6
cards
Commonwealth Parliament Structure
Who does the crown consist of,
What is the name of the upper house,
What is the name of the lower house
3
cards
Victorian Parliament Structure
Who does the crown consist of,
What s the name of the upper house,
What s the name of the lower house
3
cards
Governor General
What is the governor general,
Who appoints the governor general,
What is the term of the governor ...
3
cards
Role Of The Crown
What is royal assent,
What does s2 of the constitution ...,
What does s61 of the constitution...
3
cards
The Senate Structure
How many members in the senate,
How many senators for each state,
How many senators for each territory
4
cards
Role Of The Senate
Initiate and pass bills,
Act as a states house,
Act as a house of review
3
cards
Further Roles Of The Senate
What are half senate elections,
How does the senate fulfil its ro...
2
cards
House Of Reps Structure
How many members in the house of ...,
Number of state representatives,
Terms in office
3
cards
Role Of The House Of Reps
Initiate and make laws,
Determine the government,
Provides responsible government
6
cards
Legislative Council Structure
How many members,
How many regions,
How many representatives from eac...
4
cards
Legislative Council Role
What is the primary role of the l...
1
cards
Legislative Assembly - Structure
How many members,
How long is the term,
Who forms government
3
cards
Effectiveness Of House Of Reps
What happens if the government ho...,
Name an example of when the house...
2
cards
2010 Hung Parliament
What happened,
What happens in a hung parliament,
What was the result of this hung ...
4
cards
Effectiveness Of The Senate
What happens when senators vote a...,
What does it mean for the senate ...,
What happens if their is a hostil...
3
cards
Money Supply And Appropriation Bills
Describe money supply and appropr...
1
cards
Double Dissolution
What is double dissolution,
When may double dissolution occur
2
cards
Executive Council
What is the role of the executive...
1
cards
Reserve Powers
What are reserve powers,
Name 2 reserve powers
2
cards
Functions Of Parliament
Name 3 functions of parliament
1
cards
The Opposition
Who are the opposition,
What is the role of the opposition,
What s a characteristic of an eff...
3
cards
Government/Parliament
What is government,
What is parliament
2
cards
Parliament As A Law Maker
Name 2 strength of parliament as ...,
Name 2 weaknesses of parliament a...
2
cards
Key Terms AOS1(a)
Cabinet,
Crown,
Federation
3
cards
Key Terms- AOS1(b)
Abrogate,
Bill,
Cabinet
12
cards
Law Change: Changing Values And Attitudes
Why do changing values and attitu...,
What is oscars law
2
cards
Law Change: Changes In Society
Why do changes in society require...,
Bullying
2
cards
Law Change: Protection Of The Community
How does protection of the commun...,
Restrictions on parole
2
cards
Law Change: Protection Of Rights
Why does protection of rights req...,
Equal opportunity act 2010
2
cards
Law Change: Advances In Technology
How to advances in technology req...,
Computers
2
cards
Law Change: Access To The Law
How does access to the law requir...,
Victorian civil and administrativ...
2
cards
Law Change: Generating Changing Values In Society
How do generating changing values...,
The victorian charter of human ri...
2
cards
Crimes Amendment Bullying Act 2011
What was the aim of this act,
How was this act broadened
2
cards
Brodies Law
What sparked this law,
What were the features of this law
2
cards
Cowards Punch Law
How was the crimes act 1958 amended,
What are the one punch deaths enc...
2
cards
Pressure Groups
Who chooses to form pressure groups,
What assists pressure groups in t...,
Why are pressure groups formed
4
cards
Petitions
Define petition,
What is a petition consisted of,
Who is the principal partitioner
4
cards
Petitions: Asylum Seekers
Explain the petition on asylum se...,
When was the petition tabled
2
cards
Effectiveness Of Petitions
Name 3 strengths with petitions,
Name 3 weaknesses with petitions
2
cards
E-petitions
What is an e petition,
How does the senate accept e peti...,
How are e petitions better then n...
3
cards
Demonstrations
Why are demonstrations held,
How are demonstrations successful,
Name an example of a demonstration
4
cards
Effectiveness Of Demonstrations
Name 3 strengths of demonstrations,
Name 3 weaknesses of demonstrations
2
cards
Media
What happens without media coverage,
What happens if demonstrations an...
2
cards
Types Of Media
Radio,
Newspaper,
Tv
4
cards
Effectiveness Of Media
Name 3 strengths of the media,
Name 3 weaknesses of the media
2
cards
Victorian Law Reform Commission
What is the vlrc,
What is the main role of the vlrc,
What is a community law reform pr...
5
cards
Strengths Of VLRC
Involves expert opinion,
Widely seeks public opinion,
Not a knee jerk reaction
5
cards
Weaknesses Of VLRC
There are limits on what the vlrc...,
Vlrc does not have the power to c...,
Investigation process takes too long
3
cards
Law Reform Process
One,
Two,
Three
11
cards
VLRC: Jury Directions
What did this project concern,
Why did this project occur,
What did the commission identify ...
5
cards
VLRC: Jury Empanelment
What did this project concern,
What three aspects did the vlrc l...,
What did the commission have to d...
5
cards
VLRC: Medicinal Cannabis
What did this project concern,
Why did the law need to change,
Example of someone effected by th...
5
cards
VLRC: Burial Instructions
What did this project concern,
What did the commission recommend
2
cards
Legislative Process
Introduction and first reading,
Second reading,
Third reading
7
cards
Effectiveness Of Parliament
Name 3 strengths of parliament as...,
Name 3 weaknesses of parliament a...
2
cards
Residual Powers
Define residual powers,
What does the constitution protect,
What does each state have
5
cards
Specific Powers
What are specific powers,
What were these powers given to t...,
What is the purpose of specific p...
8
cards
Exclusive Powers
What is an exclusive power,
How are certain powers made exclu...,
Give an example on how a certain ...
4
cards
Concurrent Powers
What are concurrent powers,
What are the concurrent powers in...,
Give an example of concurrent power
3
cards
Section 109
What does section 109 provide,
Where does conflict often arise,
What is seen as a conflict
5
cards
McBain Case
Who was dr john mcbain,
Who was dr mcbain consulted by,
Who was lisa meldrum
7
cards
Restrictions On State Parliament
Where can t the states pass laws on,
Name 3 areas the states cannot le...
2
cards
Restrictions On Commonwealth Parliament
Where is the commonwealth parliam...,
Name 3 areas of law restricted fr...
2
cards
Referral Powers
What are referral powers,
When might this occur,
Why does referral of powers happen
4
cards
Evaluation Of Referral Powers
Name 3 strengths of referral of p...,
Name 3 weaknesses of referral of ...
2
cards
Structural Protection Of Rights
What does the structure of the co...,
What 3 principles does the consti...,
What do these 3 constitutional pr...
4
cards
Express Rights
What is an express right,
What is in section 116,
What is in section 117
6
cards
Important Constitution Sections
Section 7 the senate,
Section 24 constitution of house ...,
Section 109 inconsistency of laws
6
cards
High Court
What section of the constitution ...,
What is the original jurisdiction...,
What is the appellate jurisdictio...
3
cards
Roche Case
What did the high court decide in...,
What did the electoral and refere...,
What was the case prior to the act
7
cards
Changing The Division Of Law Making Power
What is the outcome of a successf...,
What is the outcome of a high cou...,
What is referral of powers
3
cards
Referendums
Who does the commonwealth parliam...,
What is a possible outcome of eng...,
Define referendum
5
cards
Section 128
What does section 128 of the comm...
1
cards
Impact Of A Succesful Referendum
What is the impact of a successfu...,
Name a time when a referendum did...,
What was the 1977 referendum
5
cards
Referendum Process Under S128
Stage one,
Stage two,
Stage three
4
cards
Referendum Process; In Depth
What must first be present for th...,
How cana need or desire for chang...,
What are the two options for the ...
6
cards
Division Of Power And Referendums
Have there been many changes to t...,
Do all referendums change the div...,
What generally happens when a ref...
5
cards
Reasons Affecting Success Of A Referendum: Timing
Why are referendums held at the s...,
How does the timing of the refere...
2
cards
Reasons Affecting Success Of A Referendum: Double Majority
What does the strict requirement ...,
What part of double majority is m...,
How many referendum proposals hav...
9
cards
Reasons Affecting Success Of A Referendum: Lack Of Bipartisan Support
What proposed changes are most li...,
What happens if the opposition pa...
2
cards
Reasons Affecting Success Of A Referendum: Confusing Information
What is sent to all households,
What do members of political part...,
What does the media cause
6
cards
Reasons Affecting Success Of A Referendum: Voter Conservatism
Why do voters tend to be conserva...,
What was the 1999 referendum 2,
What happened to both proposals o...
5
cards
Reasons Affecting Success Of A Referendum: Opposition In The Community
How may a referendum be controver...,
Who did the 1926 industry and com...,
Why did the 1926 referendum fail
3
cards
Reasons Affecting Success Of A Referendum: Erosion Of States Rights
What is the constitution the basi...,
What may the states oppose about ...,
What have premiers warned their v...
4
cards
Reasons Affecting Success Of A Referendum: High Cost Of Holding A Referendum
Why is the high cost of a referen...,
What was the 1996 referendum about,
What did the 1996 referendum look...
4
cards
Strengths Of A Referendum
The people can have their say,
Protection of the smaller states,
Protection of the constitution
6
cards
Weaknesses Of A Referendum
Distrust and lack of understanding,
Double majority,
Conservative
7
cards
The High Court
Where is the high court establish...,
What does section 76 provide,
The high court cannot change the ...
6
cards
Sections Relating To High Court
Section 71 judicial power and courts,
Section 75 original jurisdiction ...,
Section 76 additional original ju...
3
cards
Mcbain Case ( Sac2 )
Who was dr john mcbain,
Who consulted dr mcbain,
Who was lisa meldrum
7
cards
Brislan Case
What did section 51 v give the co...,
What did the wireless telegraphy ...,
What was the defendant brislan ch...
7
cards
Impact Of The Brislan Case
What was the impact of the brisla...,
Where had the commonwealth moved ...,
Why was broadcasting to a wireles...
4
cards
Tasmanian Dam Case: Facts
What did the gordon river hydro e...,
What enabled the tasmanian state ...,
How did the public ensure the com...
9
cards
Tasmanian Dam Case: Arguments
What did the state of tasmania argue,
What did the commonwealth governm...
2
cards
Tasmanian Dam Case: High Court Ruling
What did the high court rule,
What did the high court decide ab...,
What did the high court interpret
6
cards
Tasmanian Dam Case: Impact
What was the commonwealth able to...,
Who s law making power was increa...,
Where is the commonwealth able to...
3
cards
Role Of The High Court
To act as a guardian of the const...,
To keep the constitution up to date,
To act as a check and balance on ...
4
cards
Effectiveness Of The High Court
Name 3 strengths of high court in...,
Name 3 weaknesses of high court i...
2
cards
Australia- Constitutional Protection Of Rights
What are the two ways in which ri...,
How are rights covered by structu...,
Give an example of a structurally...
7
cards
Structural Protection O' Rights
What does the structure and text ...,
What 3 principles does the consti...,
What do the three constitutional ...
4
cards
Structural Protection - Separation Of Powers
What does the principle of separa...,
How does separation of powers hel...
2
cards
Structural Protection- Responsible Government
What does the notion of responsib...
1
cards
Structural Protection - Representative Government
What does direct election by the ...
1
cards
The Express Rights
Section 116,
Section 92,
Section 117
5
cards
Political Communication: Australian Capital Television VS The Commonwealth
What did this case deal with,
What didn t the political broadca...,
What did the high court hold abou...
6
cards
Theophanous Case
What did this case extend
1
cards
Lange Case: Facts
Who was david lange,
Who did lange bring defamation pr...,
Why did lange bring defamation pr...
3
cards
Lange Case: Decision
In which case was the freedom of ...,
What did the lange case confirm,
What was the freedom of political...
6
cards
Evaluation Of The Commonwealth Constitution
Name 3 strengths of the commonwea...,
Name 3 weaknesses of the commonwe...
2
cards
Types Of Rights
What is a civil right,
What is a human right
2
cards
Difference Between Civil And Human Rights
What is the difference between a ...
1
cards
Statutory Interpretation
Define statutory interpretation
1
cards
Reasons For Interpreting Legislation: Problems As A Result From The Drafting Process
Mistakes can occur during the dra...,
Give an example of how a mistake ...,
The act might not have taken into...
10
cards
Reasons For Interpreting Legislation: Problems Applying The Act To A Court Case
Most legislation is drafted in ge...,
The act may have become out of date,
The meaning of the words may be a...
7
cards
Methods Used By Judges To Interpret Acts
When will the courts look further...,
Why do courts look at past decisions,
What approach to judges generally...
7
cards
Intrinsic/Extrinsic Materials
What are intrinsic materials,
Give three examples of intrinsic ...,
What are extrinsic materials
4
cards
Court Hierachy
What is necessary for the doctrin...,
What does precedent depend on,
What courts are usually involved ...
5
cards
Precedent
Define precedent,
What is the purpose of precedent
2
cards
Other Definitions
Stare decisis,
Ratio decidendi
2
cards
Binding Precedent
What is a binding precedent,
In grant v australian knitting mi...,
How did the underpants get infected
8
cards
Persuasive Precedent
What is a persuasion precedent,
In donoghue v stevenson what did ...,
Describe the bottle which held th...
9
cards
Interpretation Of Past Decisions
What can courts be called on to i...,
What allows the law to develop th...,
Give an example of the developmen...
3
cards
Strengths Of Law Making Through The Courts
Precedents create certainty consi...,
Courts can change the law quickly,
Courts are not subject to politic...
7
cards
Weaknesses Of Law Making Through The Courts
Courts can only make law when an ...,
Changes in court made law can be ...,
Finding precedents can be difficult
7
cards
Mabo: relationship between the courts and parliament
How did the mabo decision alter t...,
What legal doctrine was inserted ...,
What did the judgements in the hi...
6
cards
Relationship Between Parliament And The Courts
Parliaments pass acts to establis...,
Courts apply and interpret law,
Parliament can change law made by...
5
cards
Deing V. Tarola: Interpreting Legislation
Where was chanta deing apprehended,
Why was deing apprehend,
What was he charged under
11
cards
Shaddock V. Parramatta
Who was shaddock given incorrect ...,
What incorrect advice was he given,
What is a usual practice for a pu...
8
cards
Distinguishing A Precedent
What is distinguishing a precedent,
Give an example of a case where a...,
What case was distinguished in th...
5
cards
Reversing A Precedent
What is reversing a precedent,
Give a case example of reversing ...,
What was tomas klamo convicted of
6
cards
Disapproving A Precedent
What is disapproving a precedent,
Give a court example of disapprov...,
How were mr and mrs trigwell injured
5
cards
Overruling A Precedent
What is overruling a precedent,
Give a case example of overruling...,
What did the high court allow
4
cards
Miller V. Miller
How old was danelle miller,
How was danelle miller injured,
Who was driving when danelle was ...
13
cards
Reason For Court Hierarchy: Doctrine Of Precedent
Wat does the doctrine of preceden...,
What establishes precedent to be ...,
What does the doctrine of precede...
4
cards
Reasons For Court Hierarchy: Appeals
What can someone do if they are d...,
What do appeals provide,
What would happen to appeals if t...
4
cards
Reasons For Court Hierarchy: Administrative Convenience
How does the system of a court hi...,
Where are the more serious and co...,
Why are complex cases heard in th...
7
cards
Reasons For Court Hierarchy: Specialisation
What have the courts developed wi...,
What are the lower courts familia...,
What do the higher courts develop...
3
cards
Victorian Magistrates Court
What is the civil original jurisd...,
Where do civil claims less then 1...,
What is the criminal original jur...
5
cards
Specialist Divisions Of The Magistrates Court
The drug court division,
The koori court division,
The family violence court division
3
cards
Victorian County Court
What is the original civil jurisd...,
What is the original criminal jur...,
What is the civil appellate juris...
4
cards
Specialist Divisions Of The County Court
The county koori court,
Sexual offences list
2
cards
Supreme Court ( Trial Division )
What is the original civil jurisd...,
What is the original criminal jur...,
What is the civil appellate juris...
4
cards
Supreme Court ( Court Of Appeal )
What is the original jurisdiction...,
What 3 civil factors does the sup...,
Who does the supreme court court ...
5
cards
VCAT: Role
What was vcat established as an a...,
What does vcat use,
What does the tribunal aim to pro...
5
cards
VCAT: Appeals
What may appeals from a vcat deci...,
When will a vcat appeal be heard ...,
Where will appeals be heard if th...
3
cards
Mediation
What is the third party called in...,
What doesn t the mediator do,
What does the mediator do
6
cards
Conciliation
What is the third party in concil...,
What can the conciliators do,
What do the parties do in concili...
6
cards
Arbitration
What is the third party called in...,
What does the arbitrator do,
Under what can vcat refer a matte...
4
cards
Judicial Determination
What is judicial determination,
Why are vcat decisions made by th...
2
cards
Similarities Of Dispute Resolution Methods
Independent third party,
Attendance,
Consideration of the evidence or ...
5
cards
Differences In Dispute Resolution Methods
What are the two dispute resoluti...,
How is a binding decision made in...,
Fees of judicial determination
12
cards
Strengths Of ADR
Much less formal,
Conducted in a safe and supportiv...,
Held in a more suitable venue
15
cards
Weaknesses Of ADR
What can happen due to the decisi...,
What happens when a party tries t...,
What happens if there is a more m...
10
cards
Strengths Of Judicial Determination
The decision is binding,
Experienced legal professionals,
Feel more satisfied with the form...
8
cards
Weaknesses Of Judicial Determination
Expensive,
Formality,
Time
6
cards
Similarities Between Court And VCAT
Fee,
Independent third party,
Who do courts use as a third party
12
cards
Differences Between Courts And VCAT
Separated,
Fee structure,
Jury
11
cards
Strengths Of Courts
Courts can hear all types of cases,
Specialised lists or courts,
Use of legal representation
9
cards
Weaknesses Of Courts
Expensive,
Delays,
What happens when a number of cas...
6
cards
Strengths Of VCAT
Cheaper,
Quicker,
Informal
6
cards
Weaknesses Of VCAT
Only able to hear civil disputes,
Increased use of legal representa...,
Not an appropriate forum
7
cards
Elements Of An Effective Legal System: Fair And Unbiased Trial
What does an effective legal syst...,
When should people not be discrim...,
When should one have equal opport...
5
cards
Elements Of An Effective Legal System: Effective Access To The Legal System
What should all people be aware of,
What helps to achieve equal access,
What does victoria legal aid provide
4
cards
Elements Of An Effective Legal System: Timely Resolution Of Disputes
Why should a resolution be resolv...,
Why should a resolution be resolv...,
What should there be sufficient t...
3
cards
Adversary System: Role Of Parties
Instigating the proceedings,
Investigating the facts,
Deciding which facts should be br...
6
cards
Role Of Parties: Application To Adversary System
What does party control allow,
When is a party more likely to fe...
2
cards
Adversary System: Role Of The Judge
Ensuring rules of evidence and pr...,
Deciding questions of law,
Clarifying issues
6
cards
Role Of Judge: Application To Adversary System
What is essential for the adversa...,
What happens if the judge favours...,
Why is it essential that the judg...
4
cards
Adversary System: Burden And Standard Of Proof
What is the burden of proof,
Who has the burden of proof in ci...,
What is the standard of proof
4
cards
Adversary System: Need For Legal Representation
What is undertaken by legal repre...,
What are legal representatives ex...,
What do the legal representatives...
3
cards
Legal Representation: Application To Adversary System
What is essential for the adversa...,
What should both parties have,
What is extremely difficult for t...
5
cards
Adversary System: Need For Rules Of Evidence And Procedure
What is each court in the adversa...,
What do the rules of evidence and...
2
cards
Adversary System: Rules Of Procedure
What do the rules of procedure pr...,
What does the hearing trial proce...,
What should the truth emerge from
5
cards
Adversary System: Rules Of Evidence
What is each court hearing govern...,
What do the rules of evidence fac...,
What do the rules of evidence aim...
4
cards
Rules Of Evidence And Procedure: Application To Adversary System
What do the rules of evidence do,
What material cannot be introduced,
What does the truth emerge through
3
cards
Inadmissable Evidence
Hearsay evidence,
Irrelevant evidence,
Opinion evidence
7
cards
Strengths Of Adversary System
Role of parties 3,
Role of judge 3,
Burden and standard of proof
5
cards
Weaknesses Of Adversary System
Role of parties party control,
Role of judge,
Burden and standard of proof
5
cards
Inquisitorial System: Role Of The Parties
Why do the parties have a greatly...,
What are the parties required to ...,
Who do the parties place control ...
3
cards
Inquisitorial System: Role Of The Judge
What does the judge investigate,
What issues to the judges define,
Who does the judge gather evidenc...
7
cards
Inquisitorial System: Burden And Standard Of Proof
Why isn t there any formal burden...
1
cards
Inquisitorial System: Rules Of Evidence And Procedure
What is there less reliance on in...,
What type of evidence is there ex...,
How are witnesses able to tell th...
6
cards
Inquisitorial System: Role Of Legal Representation
Why do legal representatives have...,
What do legal representatives do ...
2
cards
Strengths Of Inquisitorial System
The decision maker takes a more a...,
Witnesses are mostly called by th...,
There is less reliance on legal r...
6
cards
Weaknesses Of Inquisitorial System
The judge is less impartial than ...,
There is greater reliance on writ...,
What may the legal representative...
7
cards
Comparison Of The Systems
Role of the parties in the advers...,
Role of parties in inquisitorial ...,
Role of judge in adversary system
18
cards
Possible Reforms To The Adversary System
Greater investigative role for th...,
Greater use of written statements,
More informal conduct of trial th...
4
cards
Police Investigation
When are the police required to i...,
What is the purpose of police inv...,
What is the accused presumed
7
cards
Right To Remain Silent
When do the accused have the righ...,
What is required of suspects to give,
What can suspects do when being q...
4
cards
Purposes Of Criminal Pre-trial Procedures
Assist the police,
Protects the rights of the accused,
Provides rights to the police
7
cards
Bail
What is bail,
What happens if bail is refused
2
cards
Conditions Of Bail
Where could they report,
Where could they reside,
What could they submit to
7
cards
Purpose Of Bail
What is the main aim of granting ...,
Why is an accused person allowed ...,
What does time out of custody all...
3
cards
Considerations For Bail
What are the 4 considerations for...
1
cards
Examples Of Bail
Give two recent cases of crimes d...
1
cards
Remand
What will happen to someone refus...,
What happens if you are held in r...
2
cards
Purpose Of Remand
What is the main purpose of remand,
How is the community protected by...,
What does remand ensure about the...
4
cards
Committal Proceeding
What does committal proceedings i...
1
cards
Purposes Of Committal Proceeding
Sufficient weight to support a co...,
Ensure a fair trial,
Clarify the issues
4
cards
Hand-up Brief
What are committal proceedings ge...,
How are written statements advant...,
Where are the written statements ...
7
cards
Filing Hearing ( Committal Proceedings )
What happens at this hearing,
What can the court also do in a f...
2
cards
Compulsory Examination Theory ( Committal Proceedings )
Why may the informant apply to th...,
Is this step optional
2
cards
Committal Mention Hearing ( Committal Proceedings )
Who must attend this meeting,
What may the court determine in a...,
What may the court hear an applic...
5
cards
Committal Hearing ( Committal Proceedings)
What stage is the committal hearing,
What must the magistrate determin...,
What is the hearing conducted in ...
8
cards
Procedure After Committal Proceedings
When is an indictment drawn up,
What is an indictment,
When is the indictment usually fi...
3
cards
Direct Indictment
When do the dpp have the power to...,
When can direct indictment be done,
What does direct indictment have ...
3
cards
Strengths Of Bail ( Pre-trial Procedure )
Uphold the rights,
Bail act 1977 presumes that an ac...,
With conditions
6
cards
Strengths Of Remand ( Pre-trial Procedure )
Justice can be done,
Protect society,
Witnesses are protected and evide...
3
cards
Strengths Of Committal Hearings ( pre-trial procedure )
Save time and resources,
Accused informed of prosecutions ...,
Innocent until proven guilty
5
cards
Weaknesses Of Bail ( Pre-Trial Procedure )
Accused absconds,
Reoffend or cause harm to the com...,
Obstruct justice
5
cards
Weaknesses Of Remand ( Pre-Trial Procedure )
Unfair,
Risk them reoffending,
Expensive
5
cards
Weaknesses Of Committal Hearings ( Pre Trial Procedure )
Complicated,
Expensive,
Delays
5
cards
Legal representation
What may an accused person engage,
When are the accused eligible for...,
When is victoria legal aid active
3
cards
Double Jeopardy Rule
What does the double jeopardy rul...,
If a person is already acquitted ...
2
cards
Punishment ( Purpose Of Sanctions )
To what extent should an offender...,
What must society feel there is a...,
Who must society feel some reveng...
6
cards
Deterrence ( purpose of sanctions )
What should the sanction be such ...,
What would happen if people would...,
What are sanctions aimed at disco...
3
cards
Rehabilitation ( Purpose Of Sanctions )
What is the aim of rehabilitation
1
cards
Denunciation ( Purpose Of Sanctions )
What does denunciation refer to,
Why may a particular punishment b...
2
cards
Protection ( Purpose Of Sanctions )
Why might the offender need to be...,
Who must the community need prote...
2
cards
Abolition Of Suspended Sentences ( Sanction )
What was a suspended sentencing o...,
Why did the liberal government ab...,
How did the then attorney general...
6
cards
Introduction Of Baseline Sentencing
What did the previous liberal gov...,
What is the aim of baseline sente...,
What percentage of their sentence...
10
cards
6 Baseline Sentences
Murder,
Incest with ones or ones de facto...,
Sexual penetration of a child und...
6
cards
New Mandatory Sentencing ' One Punch ' Laws
What is the minimum non parole pe...,
Why do legal authorities oppose m...,
How do governments justify mandat...
3
cards
Community Correction Order (CCO)
What is a community correction order,
Give an example of an optional tr...,
What is the aim of a cco
4
cards
Sentencing Aims Of A CCO
Punishment,
Specific deference,
Protect
4
cards
Court Secure Treatment Order
What happens to a person subject ...,
When may the court make a court s...
2
cards
Drug Treatment Order (DTO)
What does a drug treatment order ...,
When does the court defer the max...,
Who can only order a dto
4
cards
Sentencing Aims Of DTO
Rehabilitation,
Protect,
Denunciation disapproval
4
cards
Adjourned Undertaking
When may a judge order an adjourn...,
What does an adjourned undertakin...,
What does an adjourned undertakin...
3
cards
Purposes Of Adjourned Undertaking
How does it allow for rehabilitat...,
What does it take into account,
What does it allow the offender t...
5
cards
Fine
What is a fine,
Where is the prescribed fine for ...,
What happens if the fine is not paid
3
cards
Sentencing Aims Of Fines
Punish,
Specific deference,
General deterrence
6
cards
Imprisonment
Who can be detained in jail for a...,
What do people lose in jail 2,
When must a non parole period be ...
3
cards
Sentencing Aims Of Imprisonment
Protection,
Rehabilitation,
How may rehabilitation not happen...
5
cards
How Is A Fair/Unbiased Hearing Achieved
Bail,
Committal proceedings,
Police investigation
7
cards
How Is A Fair/Unbiased Hearing Limited
Bail,
Resources,
Trial procedures
7
cards
How Is Effective Access Achieved
Courts,
Appeals,
Legal aid and community centres
3
cards
How Is Effective Access Limited
Geography,
Awareness of legal rights,
Financial constraints
3
cards
How Is Timely Resolution Achieved
Committal proceedings,
Time limits criminal procedure ac...,
Directions hearings
3
cards
How Is Timely Resolution Limited
Collection of evidence,
Committal proceedings,
Lack of sufficient court resources
5
cards
CIVIL LAW BELOW
0
cards
Sending A Letter Of Demand
When may a defendant send a lette...,
What does the letter of demand in...,
What does the letter demand the d...
4
cards
Supreme Court Pre-Trial Proceedings
They inform both parties,
The parties determine whether it ...,
Parties may find out strengths an...
6
cards
Pleadings
What are pleadings,
What do such documents do 2
2
cards
Purpose Of Pleadings
What are the parties required to ...,
How do pleadings allow for basica...,
To compel each party to state the...
6
cards
Writ (Pleadings)
What is the most common method of...,
What does a writ explain to the d...,
What does the writ inform the def...
4
cards
Statement Of Claim ( Pleadings )
What does the statement of claim ...,
Give one example of a fact of the...
2
cards
Notice Of Appearance ( Pleadings )
What is the first document a defe...,
What is the purpose of the notice...
2
cards
Defence ( Pleadings )
What must the defendant prepare a...,
What does a defence set out,
What is the purpose of defence
3
cards
Counterclaim ( Pleadings )
What is a counterclaim,
When is a counterclaim usually heard,
What is the counterclaim usually ...
4
cards
Reply ( Pleadings )
Is a reply optional,
Who may a plaintiff file and serv...,
What two things can a reply do
3
cards
Further And Better Particulars ( Pleadings )
Is this step optional,
What is a request for better and ...,
What happens if the party served ...
3
cards
Directions Hearing
What is a directions hearing,
What does the judge have a chance...,
When must a directions hearing ta...
5
cards
Directions Hearing ( Purpose )
Why are directions given 3,
What does directions hearings set...,
What do the courts hear applicati...
7
cards
Discovery
What does the discovery procedure...,
What forms the basis of the claim...
2
cards
Purpose Of Discovery
What are the parties required to ...,
What does discovery reduce the el...,
What do all parties have copies of
8
cards
Discovery Of Documents ( Discovery )
What must a party prepare once re...,
What must an affidavit of documen...,
What happens after the affidavit ...
3
cards
Interrogatories
What are interrogatories,
Who may ask interrogatories to th...,
What is the deadline by which wri...
7
cards
Discovery By Oral Examination ( Discovery )
Why are questions orally asked
1
cards
Medical Examination And Provision Of Hospital And Medical Reports ( Discovery )
What may the defendant ask if the...
1
cards
Mediation ( Second Last Sac )
What do the supreme court rules s...,
When do the parties most often at...,
What is mediation
6
cards
Purposes Of Mediation
Does mediation want an out of cou...,
What reduces the cost,
How are parties able to explore o...
6
cards
Strengths Of Pleadings ( Pre Trial Procedure )
Reach an out of court settlement,
Allow the parties to determine th...,
Allow parties to determine whethe...
5
cards
Strengths Of Directions Hearing ( Pre Trial Procedure )
Ensure the timely resolution,
Inform the judge and the court ab...,
Encouraging an out of court settl...
4
cards
Strengths Of Discovery ( Pre Trial Procedure )
Assist the parties in understandi...,
Avoids trial by ambush or trial b...,
Alleviate a parties concern that ...
5
cards
Strengths Of Mediation ( Pre Trial Procedure )
Result in a quicker resolution,
Fewer costs,
Allow the parties to understand t...
7
cards
Weaknesses Of Pleadings ( Pre Trial Procedure )
Take a long time to complete,
Cost can be significant,
Complex
4
cards
Weaknesses Of Directions Hearings ( Pre Trial Procedure )
Difficult to understand,
Stressful and inconvenient,
Waste of time
3
cards
Weaknesses Of Discovery ( Pre Trial Procedure )
Significant costs involved in dis...,
Take a significant amount of time...,
Rules relating to discovery are c...
4
cards
Weaknesses Of Mediation ( Pre Trial Procedure )
Time and cost involved in prepari...,
Stressful particularly if one par...,
One party may be dissatisfied wit...
5
cards
Trial Procedure In Supreme Court
Case is called and appearances ar...,
Jury empanelment if applicable st...,
Plaintiffs opening address step 3
12
cards
Damages
What are damages,
What is the purpose of damages
2
cards
Compensatory Damages
What is the most common damages s...,
How do compensatory damages aim t...,
What are specific damages give ex...
5
cards
Nominal Damages
What happens when nominal damages...,
What may the plaintiff wish to se...,
What may the plaintiff not be see...
3
cards
Contemptuous Damages
When may small damages be awarded...
1
cards
Exemplary Damages
What is the only consequence of a...,
What do exemplary damages punish ...
2
cards
Injunctions
What is an injunction,
What is the purpose of an injunction,
What is a restrictive prohibitive...
4
cards
Order Of Specific Performance
What is an order of specific perf...,
When will the court only enforce ...,
What is usually given instead of ...
3
cards
How Is A Fair/Unbiased Hearing Achieved (civil)
Pleadings stage,
Court powers,
Directions hearings
4
cards
How Is A Fair/Unbiased Hearing Limited (civil)
Pleadings stage,
Discovery process,
Directions hearings
7
cards
How Is Effective Access Achieved (civil)?
Court system answer with example,
Adrs and tribunals,
Collaborative law
6
cards
How Is Effective Access Limited (civil)
Costs,
Complexity of procedures includin...,
Lack of knowledge of adrs and tri...
4
cards
How Is Timely Resolution Achieved (civil)
Pleadings and discovery,
Directions hearings,
Active court management
3
cards
How Is Timely Resolution Limited (civil)
Failure to take initial steps,
Increased litigation,
Increased in volume and complexit...
4
cards
Changes To Bail Laws
What does the decision to changes...,
What does the victorian governmen...,
What will the government be incre...
7
cards
Jury Directions
What did the attorney general ask...,
What did the jury directions act ...,
What did they jury directions act...
5
cards
Double Jeopardy
What does the double jeopardy rul...,
Under this rule what happens if n...,
Discuss the criminal procedure am...
3
cards
Recommendations For Change (Criminal)
Increased resources for trials in...,
Expansion of the koori court system,
Increased funding for victoria le...
3
cards
Civil: Fair And Unbiased (Contribution)
Pleadings stage,
Court powers,
Directions hearing
4
cards
Civil: Fair And Unbiased (Hindering)
Pleadings stage,
Discovery process,
Directions hearings
7
cards
Civil: Fair And Unbiased (Recent Changes)
Introduction to the civil procedu...,
Restrictions on damages,
Changes to evidence laws evidence...
3
cards
Civil: Fair And Unbiased (Recommendations For Change)
Greater funding for legal aid,
Greater awareness and legal assis...
2
cards
Civil: Effective Access (Contribution)
Court system,
Adrs and tribunals,
Collaborative law
6
cards
Civil: Effective Access (Hindering)
Costs,
Complexity of procedures includin...,
Lack of knowledge of adrs and tri...
4
cards
Civil: Effective Access (Recent Changes)
Greater use of vcat and adrs,
Increased use of collaborative law,
Justice service centres and multi...
4
cards
Civil: Effective Access (Recommendations For Change)
Encouragement and retention of la...,
Access to interpreters in civil m...,
Reducing the risks of adverse cos...
3
cards
Civil: Timely Resolution (Contribution)
Pleadings and discovery,
Directions hearing,
Active court management
3
cards
Civil: Timely Resolution (Hindering)
Failure to take the initial steps,
Increased litigation,
Increase in volume and complexity...
4
cards
Civil: Timely Resolution (Recent Changes)
Use of witness statements and out...,
Limiting discovery,
Introduction of e discovery
4
cards
Civil: Timely Resolution (Recommendations For Change)
Greater use of court powers,
Greater use of mediation in pre t...
2
cards
Role Of The Jury (1)
What is the jury system,
What does the jury system provide...,
What is the law applied in accord...
7
cards
Role Of The Jury (2)
What do jurors listen to all of,
What do jurors understand and rem...,
What can t the jurors lose
12
cards
Evidence In The Trial (Jury)
What are jurors requires to consi...,
What can jurors do 2,
What aren t the jurors permitted ...
5
cards
Reasons For The Decision (Jury)
Who states the decision when the ...,
What doesn t the jury need to give,
How does not having to make a dec...
6
cards
Jury In A Criminal Trial
What will the jury endeavour to f...,
What must the decision be from th...,
Discuss beyond reasonable doubt
4
cards
Verdicts In Criminal Trials
What must the jury first try to r...,
What happens if a unanimous verdi...,
When can t a majority verdict be ...
8
cards
The Use Of Juries In Criminal Cases
When are juries used in criminal ...,
When does a trial come to an end
2
cards
Judge Directions To The Jury
What does the judge have the task...,
What do jurors find difficult in ...,
What happened after the victorian...
4
cards
Jury In A Civil Trial
What must the jury make a decisio...,
Discuss balance of probabilities
2
cards
Verdict In Civil Trials
Who will the jury find,
What does if mean if the jury fin...,
What can happen if a unanimous de...
3
cards
Damages In Civil Trials
What do jurors need to decide
1
cards
The Use Of Juries In Civil Cases
Are juries optional in civil cases,
What does the court have the disc...,
Where are most civil cases heard
3
cards
Selection Of Jurors
Where are people randomly selecte...,
What does the electoral commissio...,
Who is the list of prospective ju...
3
cards
Questionairre
What is the questionnaire designe...,
What is at an offence to do,
What does the juries commissioner...
3
cards
Liability For Jury Service
What will prospective jurors be s...,
What does the jury summons do,
What are jurors paid for
3
cards
Disqualified
Why are some people disqualified ...,
Give an example of someone who ma...,
Why are disqualified people unrel...
3
cards
Ineligable
Why may someone be ineligible,
Give an example of someone who is...,
What must each member of the jury...
4
cards
Excused
Who does a person who wishes to b...,
When will the juries commissioner...,
Give an example of someone who co...
4
cards
A Summons For Jury Duty
Who will the juries commissioner ...,
When will the juries commissioner...,
When should the summons be received
4
cards
Jury Pool
Where can the jurors be drawn fro...
1
cards
Empaneling The Jury
Where does the jury pool supervis...,
Who may be challenged,
What does the jurors handbook do
4
cards
Challenges
How do the parties to a case have...,
When must a challenge by a party ...,
What happens if a person is not c...
3
cards
Challenges For Cause
What is a challenge for cause,
Give an example of a challenge fo...,
How many challenges are there for...
3
cards
Peremptory Challenges
What is a peremptory challenge,
What are peremptory challenges us...
2
cards
Jury In A Criminal Case
How many jurors in a criminal case,
How many additional jurors may be...,
Why may additional jurors be added
3
cards
Selecting A Jury For A Criminal Trial
What may the accused do to a poss...,
What may the prosecution request ...,
What must jurors who have been as...
5
cards
Peremptory Challenges For The Accused
One accused,
Two accused,
Three or more accused
3
cards
Prosecution Stand Aside Jurors
One accused,
Two accused,
Three or more accused
3
cards
Challenges For Cause In A Criminal Trial
How many challenges for cause in ...
1
cards
Jury In A Civil Case
Is jury optional in a civil case,
Who has to pay for the jury,
How many members of the jury in a...
4
cards
Selecting A Jury In A Civil Trial
How many peremptory challenges do...,
How many challenges for cause do ...
2
cards
Role Of The Foreperson
What does the foreperson do 2,
What does the foreperson do in th...
2
cards
Strengths Of The Jury System
Comprise a cross section of people,
Involves the general community,
Spreads the responsibility
8
cards
Weakness Of The Jury System
Not a true cross section of the c...,
Difficult task,
Complicated evidence give example
14
cards
Reforms To The Jury System
Extra jurors,
Majority verdicts,
Jurors not allowed to make their ...
4
cards
Suggested Reforms To Trial By Jury
Require jurors to give a reason f...,
Make juries more representative,
Have a specialist foreperson
7
cards
Judge Alone Or Panel Of Three Judges (Alternative To Jury)
What is an advantage of a single ...,
What is a disadvantage of a singl...
2
cards
Professional Jurors (Alternative To Jury)
Give one advantage of professiona...,
Give a disadvantage of profession...
2
cards
Specialist Jurors (Alternative To Jury)
Give an advantage of specialist j...,
Give a disadvantage of specialise...
2
cards
How Does The Jury Aid Fair And Unbiased Hearing
Random nature of jury selection,
Ineligible or disqualified,
Excused
6
cards
How Does The Jury Limit Fair And Unbiased Hearings
Not necessarily made up of a cros...,
Some people are unlikely to be tr...,
Bias give example
5
cards
Recent Changes To The Jury To Aid A Fair And Unbiased Hearing
Simplifying jury directions jury ...,
Juror access to information court...
2
cards
Recommendations To Change With Aiding Fair And Unbias In The Jury System
Review jury eligibility,
Introduce a public defenders scheme
2
cards
How Does The Jury Aid Effective Access
What does it provide the general ...,
What to people have a greater kno...
2
cards
Problems With The Jury That Hinder Effective Access
Who bares the cost of the jury,
Why do people not want to use jur...,
What happens when people are not ...
3
cards
How Does The Jury Aid Timely Resolution
What does the speedy completion o...
1
cards
How Does The Jury Pose Difficulties For Timely Resolution
What can often take hours or days,
When may proceedings need to be h...,
What can filing in and out of the...
5
cards
Recent Changes To The Jury To Aid Timely Resolution
Simplifying judges directions to ...
1
cards
Recommendations For Change In The Jury To Aid Timely Resolution
Remove juries from long and compl...,
Time limits for lawyers submissions
2
cards
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