Legal Studies flashcards

72 VCE Legal Studies cards across 2 modules (32 definitions, 34 key facts, 6 fill-the-gap, 0 formulas). Each session gives you 20 cards, due cards first. Swipe right for easy, left for hard, down for again. Keyboard: Space to flip, 1 to 4 to rate.

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Definition
The burden and standard of proof in criminal and civil cases: VCE Legal Studies
Define Civil cases
The burden of proof rests on the plaintiff (the party bringing the action), because that party is the one making the claim. Where a defendant raises a defence or counterclaim, the defendant carries the burden of proving that matter.
Definition
The doctrine of precedent and the relationship between courts and parliament: VCE Legal Studies
Define Supreme Court of Victoria - Court of Appeal
Binds the Trial Division and lower Victorian courts.
Definition
Civil remedies: damages and injunctions: VCE Legal Studies
Define General damages
Non-quantifiable losses (pain and suffering, loss of amenity, loss of expectation of life). General damages for personal injury in Victoria are governed by the Wrongs Act 1958 (Vic) Part VBA, with statutory caps and thresholds following the Ipp Report and the 2003 reforms.
Definition
Express rights and the implied freedom of political communication: VCE Legal Studies
Define Section 41: voting in Commonwealth elections
Adult persons who have the right to vote at state elections shall not be prevented from voting at Commonwealth elections. The provision is largely transitional; the Commonwealth Franchise Act 1902 and successor Acts now regulate the franchise. The High Court in R v Pearson; Ex parte Sipka (1983) 152 CLR 254 held s 41 had no continuing operation after 1901; this has been criticised but stands.
Definition
Factors affecting access to justice: costs, time and cultural differences: VCE Legal Studies
Define Effect on the principles
Costs undermine access (people cannot afford to use the system) and equality (a party with greater resources can engage more experienced lawyers and outlast the other side).
Definition
Factors affecting the ability of parliament to make law: VCE Legal Studies
Define How it assists lawmaking
The second house acts as a house of review, scrutinising bills passed by the lower house, debating them, and referring them to committees. This improves the quality of legislation and provides a check on the government.
Definition
The role of key personnel in a criminal trial: VCE Legal Studies
Define Deciding questions of law
Ruling on the admissibility of evidence (for example, excluding improperly or illegally obtained evidence under the Evidence Act 2008 (Vic) s 138) and ruling on points of law raised by the parties.
Definition
The role of the High Court in interpreting the Constitution and protecting rights: VCE Legal Studies
Define Commonwealth v Tasmania (1983) 158 CLR 1 (the Tasmanian Dam case)
The Court read the external affairs power (s 51(xxix)) broadly, allowing the Commonwealth to legislate to implement an international treaty (the World Heritage Convention) even on a subject otherwise within state control. This significantly expanded Commonwealth power.
Definition
Methods used to resolve civil disputes: VCE Legal Studies
Define Strengths
Cheap relative to litigation. Confidential. Preserves the relationship between the parties. The parties retain control of the outcome.
Definition
Changing the Constitution by referendum (s 128): VCE Legal Studies
Define Bipartisan support
Proposals supported by both major parties are far more likely to pass. Where the opposition campaigns against a proposal, voters tend to reject it.