Legal Studies - Edrolo · VCE LEGAL STUDIES Unit 1 ... Legal Studies • the distinction between...
Transcript of Legal Studies - Edrolo · VCE LEGAL STUDIES Unit 1 ... Legal Studies • the distinction between...
We do our best to make these slides comprehensive and up-to-date, however there may be errors. We'd appreciate it if you pointed these out to us!
VCE LEGAL STUDIES Unit 1 ©ANGELA ARENA & Edrolo 2015
1
Unit 1 Area of Study 1
Presented by Angela Arena
Legal Studies
• the distinction between criminal law and civil law
Dot points
We do our best to make these slides comprehensive and up-to-date, however there may be errors. We'd appreciate it if you pointed these out to us!
VCE LEGAL STUDIES Unit 1 ©ANGELA ARENA & Edrolo 2015
2
Criminal Law Civil Law
Source-‐h)p://www.ny1mes.com/2014/05/24/business/media/others-‐fade-‐but-‐judge-‐judy-‐is-‐forever-‐at-‐71-‐she-‐s1ll-‐presides.html?_r=0
Source-‐h)p://www.amazon.com/Law-‐Order-‐Special-‐Vic1ms-‐Season/dp/B002Q95DZA
Quick comparison
We do our best to make these slides comprehensive and up-to-date, however there may be errors. We'd appreciate it if you pointed these out to us!
VCE LEGAL STUDIES Unit 1 ©ANGELA ARENA & Edrolo 2015
3
Criminal Law: A definition • Criminal law covers crimes (acts and
omissions prohibited by law that are harmful to individuals or society).
• Infringement results in punishment by law. Criminal law involves disputes between individuals and the state.
Example- Theft Crimes Act 1958 Section 72 “A person steals if he dishonestly
appropriates property belonging to another with the intention of permanently depriving the other of it”.
http://www.austlii.edu.au/au/legis/vic/consol_act/ca195882/s72.html
Source:h)p://www.clipartpanda.com/categories/theR-‐20clipart
Source:h)p://www.police.vic.gov.au/
We do our best to make these slides comprehensive and up-to-date, however there may be errors. We'd appreciate it if you pointed these out to us!
VCE LEGAL STUDIES Unit 1 ©ANGELA ARENA & Edrolo 2015
4
Civil Law: A definition • Civil law relates to disputes
between individuals or groups of individuals or companies.
• Aims to protect an individual’s
rights; & To return a wronged/injured party to the position they were in before the wrong was done
• Examples: Negligence,
defamation, trespass
Source: http://www.personalisedsettlements.com.au/services/
Source:http://www.internetlawcommentary.com/2015/06/04/absolute-vs-qualified-immunity-to-defame-someone-in-affidavit-andor-florida-court-proceeding/
We do our best to make these slides comprehensive and up-to-date, however there may be errors. We'd appreciate it if you pointed these out to us!
VCE LEGAL STUDIES Unit 1 ©ANGELA ARENA & Edrolo 2015
5
Key differences Characteristics Criminal Law Civil Law
Parties Prosecution and Defence Plaintiff and Defendant
Burden of Proof On the prosecution On the plaintiff
Standard of Proof Beyond Reasonable Doubt On the Balance of probabilities
Juries Juries of 12 Optional juries of 6
Decision/Verdict Guilty/Not guilty Liable/Not liable
Consequences Sanctions: Imprisonment, fines, community based
orders
Remedies: Damages and Injunctions
We do our best to make these slides comprehensive and up-to-date, however there may be errors. We'd appreciate it if you pointed these out to us!
VCE LEGAL STUDIES Unit 1 ©ANGELA ARENA & Edrolo 2015
6
Case Study: David Hookes • 19 January 2004 former
Australian test cricketer David Hookes died as a result of head injuries suffered in an altercation with security staff outside the Beaconsfield Hotel in St Kilda the previous night.
• A hotel bouncer, Zdravko Micevic, was charged with the manslaughter of Hookes, as he delivered the blow that caused Hookes to fall to the ground, hitting his head.
Source-‐h)p://www.theage.com.au/ar1cles/2004/11/16/1100574465665.html
Source-‐h)p://www.theage.com.au/news/na1onal/hookes-‐was-‐toppled-‐like-‐a-‐tree/2005/08/22/1124562804902.html
We do our best to make these slides comprehensive and up-to-date, however there may be errors. We'd appreciate it if you pointed these out to us!
VCE LEGAL STUDIES Unit 1 ©ANGELA ARENA & Edrolo 2015
7
The criminal case • After a six-day committal hearing
in November 2004, Magistrate Ian McGrane ordered Micevic to stand trial for the manslaughter of David Hookes.
• Senior defence counsel Terry Forrest, QC, said throughout the trial that Hookes was drunk, abusive and aggressive on that night, and that Micevic punched him in self-defence.
• The six men, six women found him not guilty of manslaughter after a three week trial in the Supreme Court of Victoria
Source-‐h)p://www.smh.com.au/news/na1onal/bouncer-‐cleared-‐of-‐killing-‐hookes/2005/09/12/1126377250670.html
We do our best to make these slides comprehensive and up-to-date, however there may be errors. We'd appreciate it if you pointed these out to us!
VCE LEGAL STUDIES Unit 1 ©ANGELA ARENA & Edrolo 2015
8
The civil case
http://www.smh.com.au/news/national/hookes-wife-to-sue-former-bouncer/2005/09/12/1126377252162.html
Source-‐h)p://www.theage.com.au/news/na1onal/apartment-‐plans-‐for-‐hookes-‐hotel-‐site/2005/09/13/1126377315158.html
We do our best to make these slides comprehensive and up-to-date, however there may be errors. We'd appreciate it if you pointed these out to us!
VCE LEGAL STUDIES Unit 1 ©ANGELA ARENA & Edrolo 2015
9
Another example • OJ Simpson, accused
of the murder of Nicole Brown and Ron Goldman
• CRIMINAL: Not guilty of murder
• CIVIL: Liable for wrongful death – $33 million in damages
Source-‐h)p://edi1on.cnn.com/2014/06/13/jus1ce/o-‐j-‐simpson-‐where-‐are-‐they-‐now/
We do our best to make these slides comprehensive and up-to-date, however there may be errors. We'd appreciate it if you pointed these out to us!
VCE LEGAL STUDIES Unit 1 ©ANGELA ARENA & Edrolo 2015
10
Fact check
True or False? The standard of proof in a criminal case is on the balance of probabilities.
We do our best to make these slides comprehensive and up-to-date, however there may be errors. We'd appreciate it if you pointed these out to us!
VCE LEGAL STUDIES Unit 1 ©ANGELA ARENA & Edrolo 2015
11
Fact check (answer) FALSE. The standard of proof in a criminal case is ‘Beyond Reasonable doubt, whereas the standard of proof in a civil case is ‘On the balance of probabilities’.
We do our best to make these slides comprehensive and up-to-date, however there may be errors. We'd appreciate it if you pointed these out to us!
VCE LEGAL STUDIES Unit 1 ©ANGELA ARENA & Edrolo 2015
12
Concept explorer Q: Explain two differences between criminal and civil law.
(4 marks)
We do our best to make these slides comprehensive and up-to-date, however there may be errors. We'd appreciate it if you pointed these out to us!
VCE LEGAL STUDIES Unit 1 ©ANGELA ARENA & Edrolo 2015
13
Unpacking the task-word: ‘explain’
A more detailed definition-style response is required
Content Mark Allocation
4 Clear sentences are required, 2 ‘pairs’. For a ‘differences’ or ‘distinguish’ type question there needs to be distinguishing-type words and phrases used by the student, such as ‘whereas’ ‘however’, ‘on the other hand’.
4 marks
2 separate definitions for each comparison, with no distinguishing factor
3 marks
1 definition/comparison used or too superficial 1-2 marks
Q: Explain two differences between criminal and civil law. (4 marks)
We do our best to make these slides comprehensive and up-to-date, however there may be errors. We'd appreciate it if you pointed these out to us!
VCE LEGAL STUDIES Unit 1 ©ANGELA ARENA & Edrolo 2015
14
Concept explorer (a high-scoring answer)
Criminal law covers crimes (acts and omissions prohibited by law that are harmful to individuals or society). Infringement results in punishment by law, whereas civil law aims to protect an individual’s rights and to return a wronged/injured party to the position they were in before the wrong was done. Civil law relates to disputes between individuals or groups of individuals or companies however criminal law involves disputes between individuals and the state..
Q: Explain two differences between criminal and civil law. (4 marks)