Free QCE Year 11 Legal Studies Flashcard Review
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What is jurisdiction?
The area or subject matter over which a parliament or court has legal authority, for example Queensland courts hearing offences against Queensland law.
How does a rule differ from a law?
A rule is made by a group for its own members and enforced internally; a law is made or recognised by a body with legal authority, applies to everyone in the jurisdiction and is enforced by the state.
List four elements of the rule of law.
Laws are clear and known; laws are not retrospective; laws apply equally to everyone including government; the judiciary is independent and people can access courts.
Onus of proof versus standard of proof in a criminal trial?
Onus: the prosecution must prove the case. Standard: it must prove guilt beyond reasonable doubt.
Give an example of a residual power and explain why it matters.
Criminal law. Because it remains with the states, Queensland has its own Criminal Code and police enforce state offences.
What does section 109 of the Constitution do?
It provides that when a valid Commonwealth law is inconsistent with a state law, the Commonwealth law prevails and the state law is invalid to the extent of the inconsistency.
What are the three arms of government and their roles?
Legislative: makes law. Executive: administers and enforces law. Judicial: interprets and applies law.
Outline how a bill becomes an Act in Queensland.
Presentation with an explanatory speech and first reading, committee consideration and report, second reading debate and vote, consideration in detail, third reading, then royal assent by the Governor. There is only one house.
What is statutory interpretation?
The process by which courts work out the meaning of words in an Act, preferring the meaning that best achieves the Act's purpose.
What is the doctrine of precedent?
Lower courts must follow the legal reasoning of higher courts in the same hierarchy when deciding cases with similar material facts.
One key difference between adversarial and inquisitorial systems?
In adversarial systems the parties gather and present evidence before a neutral judge; in inquisitorial systems the judge actively investigates and questions witnesses.
Name the three legal criteria used to justify a recommendation.
Just and/or equitable outcomes; relevant elements of the rule of law; balancing protection of individual rights with protection of society.
Actus reus versus mens rea?
Actus reus is the physical element (the act, omission or state of affairs); mens rea is the mental element (such as intention or knowledge).
Summary versus indictable offences?
Summary offences are less serious and heard by a magistrate without a jury; indictable offences are more serious and usually tried by judge and jury.
Name the three broad classes of offences with one example each.
Against the person (assault); against property (stealing); against the public interest (public nuisance).
Suspect, accused, offender: what is the difference?
A suspect is believed to be involved; an accused has been charged; an offender has been found guilty.
What is reasonable suspicion?
A suspicion based on facts that would lead a reasonable person to suspect. It is the threshold for many PPRA powers, such as searching without a warrant.
What is a search warrant and who issues it?
A written authority allowing police to search a place, issued by a magistrate or justice on sworn application.
When may police arrest without a warrant in Queensland?
When they reasonably suspect a person has committed an offence and arrest is reasonably necessary, for example to stop it continuing or ensure court attendance.
What is the right to silence?
A suspect need not answer police questions and silence cannot be used as evidence of guilt; police must caution suspects about this before questioning.