Free VCE Year 11 Legal Studies Flashcard Review
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What is social cohesion in a legal context?
People being able to live together with cooperation and confidence in shared institutions and dispute-resolution processes.
How can individuals contribute to the legal system?
By understanding obligations, respecting rights, participating in lawful processes and pursuing available avenues for change.
What does fairness require when evaluating a legal process?
An impartial process and a reasonable opportunity for people to participate and present their position.
How are equality and access distinguished?
Equality concerns treatment before the law without irrelevant disadvantage; access concerns the practical ability to understand and use processes.
What characteristics can support an effective law?
Responsiveness to values, enforceability, public knowledge, clarity and stability, evaluated against purpose and actual operation.
Why does a stable law not have to remain unchanged?
Justified amendment may address changed circumstances or shortcomings while preserving predictable processes.
What distinguishes statute law and common law?
Statute law is made through parliament; common law develops through judicial decisions.
What is delegated legislation?
Rules made under authority granted by an Act, within the scope of that authority.
How can courts and parliament interact in law-making?
Courts interpret and apply law; parliament may amend legislation or change common-law rules within its lawful powers.
What is jurisdiction?
A court’s authority to hear and determine particular matters, including defined original or appellate functions.
Why have a court hierarchy?
To distribute work, support specialisation, provide defined appeals and support the operation of precedent.
Can one event involve both criminal and civil law?
Yes. Different proceedings may determine guilt and sanctions or liability and remedies, using different issues and standards.
What distinguishes the burden and standard of criminal proof?
Burden identifies who must prove an issue; standard identifies the required degree of proof, generally beyond reasonable doubt for the prosecution’s offence case.
How does the presumption of innocence affect an accusation?
An accusation alone does not establish guilt; guilt must be determined according to law.
What are actus reus and mens rea?
The required physical elements and fault elements of an offence, whose content depends on the specific offence.
Does strict liability automatically establish guilt?
No. Removing a specified fault requirement does not prove physical elements, remove every defence or replace the criminal standard.
What is Victoria’s current minimum-age rule checked in November 2026?
Under Youth Justice Act 2024 s 10, a child under twelve is conclusively presumed unable to commit an offence; ages twelve/thirteen have a rebuttable presumption under s 11.
What is the distinction between summary and indictable classification?
It concerns offence/procedural classification; some indictable offences can be heard summarily under applicable conditions.
Can intentional assistance create criminal responsibility without physically taking property?
Yes, where the relevant complicity requirements are met; presence or friendship alone is insufficient.
What are the core statutory elements of Victorian theft?
Dishonest appropriation of property belonging to another with an intention permanently to deprive the other of it.