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The legals ripoff of the businesses game thing (1 Viewer)

-may-cat-

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cxlxoxk, Doli Incapax is required, it is when you are under the age of criminal responsibility, ie, young children cannot understand the reprocussions of their actions. This has had a bit of controversy when a young kid drowned a toddler but did not receive legal reprocussions.
 

cxlxoxk

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-may-cat- said:
cxlxoxk, Doli Incapax is required, it is when you are under the age of criminal responsibility, ie, young children cannot understand the reprocussions of their actions. This has had a bit of controversy when a young kid drowned a toddler but did not receive legal reprocussions.
thanks, but i'll skip over it for now, because thats basic facts expressed in a legal term, of course young children can't be expected to understand the repercussions of their actions, thats what the age of criminal responsibility is for. am i right?
 

-may-cat-

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cxlxoxk said:
thanks, but i'll skip over it for now, because thats basic facts expressed in a legal term, of course young children can't be expected to understand the repercussions of their actions, thats what the age of criminal responsibility is for. am i right?
yea, your right, but Doli Incapax sounds cool :p markers like cool sounding legal terms.
 

cxlxoxk

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-may-cat- said:
yea, your right, but Doli Incapax sounds cool :p markers like cool sounding legal terms.
u don't know if juvenile crime is gonna be in this years hsc exam =P

i think ultra vires sounds cool - my fave legal term (the term for when institutions act beyond their allocated power)

the next question cos this is getting off the topic (which is asking questions):

Outline the various types of jurisdiction.
 

obimoshman1234

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gah nooooooo my game thing almost died because u monsters went off topic so no one else posted and i wont let that happen

so here is ur answer on jurisdictions:

appeallate
geographical
original
(is there a word for the varying levels of jurisdictions courts have for civil and criminal cases???)
specialization of a court eg drugs court or childrens court

ok nice easy one so that anyone can answer:

List all reason why most people obey criminal law.
 

obimoshman1234

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come on dont let this thread die
anyway BUMP

current uestiont: List all reason why most people obey criminal law.

hell i didnt even ask u to explain them just list
 

*Baby-K*

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Don't most people obey the law because they are happy to receive the protection of the law.
It's morally rights to obey the law
( I am not really sure what you mean)


Q- Outline the rights of the accused
 

obimoshman1234

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*Baby-K* said:
Don't most people obey the law because they are happy to receive the protection of the law.
It's morally rights to obey the law
( I am not really sure what you mean)


i mean things such as
education
fear of punishment
etc but w/e

here is the uestion
Q- Outline the rights of the accused
 

cxlxoxk

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silence, privacy, legal representation, fair trial.
 

damaged.angel

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im guessing the threads dead because exams started

but my question is
"what is the difference between a moral right and a customary right?"


believe this was in the 2006 exam:wave:
 

obimoshman1234

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lol yea dont worry it will pick up massively after monday


customary right is one which has developed through customs such as a the customary for young people to give up their seat to old people on the bus


moral rights are those which people believe they are morally entitled to. Things such as a family parking car on own lawn and dont want anyone else on there


cant be fucked leave it up to someone else to make a uestion
 

Zeestylez

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To what extent is there a proper balance between the rights of the victim and the rights of the community; and between the rights of the victim and the rights of accused people?


i never do know how to answer those types of questions.. atleast i'll learn this way
 

Azreil

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Isn't it generally victim/accused and society/accused? Victim/society doesn't make a lot of sense to me.

Anyway.

Both victims and accused have several legal and customary rights.

The doctrine of natural justice is in place to generally ensure that the accused is recieves a fair and just trial. Rights granted by this doctrine include:
The right to answer any accusations;
The right to cross examination, and;
The right for any previous criminal record not to be raised.

The adverserial system can be seen to be favouring the accused for several reasons:
The purpose of an adverserial trial is to determine a "winner", not to investigate the truth;
An inalienable right is to be considered innocent until proven guilty;
The fact that only one (or two, since the Juries (Majority Verdicts) Amendment Act was passed) jurors have to be swayed for the accused to be unable to be found guilty.

The rights of victims, however, have been increased in recent years, particularly in the area of sexual assault. This has caused some complaint as it can be argued that other, violent crimes, deserve equal protection to what sexual assault offences do, however it can be seen that moral influences on the law protecting victims of sexual assault and children have increased this protection.

Lobbying by groups such as the Victims of Crime Assistance League (VOCAL) has led to amendments to the Criminal Procedure Act, removing the right of a self represented litigant to cross examine the complainant in a sexual assault case, and the Evidence Act, allowing children to give evidence in narrative form, via CCTV if appropriate, unless the interests of justice require otherwise.

All victims have the right to make a Victims Impact Statement if the accused is found guilty, and mandatory (minimunm) sentencing aims to ensure justice is achieved for the victim.

These amendments are steps in the right direction to addressing the imbalance in rights between victims and accused however they protect only a small amount of victims or occur only if a guilty verdict is reached. It is therefore obvious that a proper balance does not currently exist between the rights of the accused and victims.

Assess the effectiveness of non-legal measures in addressing
human rights issues.
 

jakus

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cxlxoxk said:
silence, privacy, legal representation, fair trial.
Right to legal representation is only in very serious cases (Dietrich v The Queen).

Azreil said:
Assess the effectiveness of non-legal measures in addressing
human rights issues.
Non-legal measures include NGOs. Their primary role in addressing human rights issues is raising awareness and pressuring governments. However, their role in reporting human rights violations to international organisations has been informal. A more formalised recognition of NGOs in this area is needed for their impact to be fully effective.

Outline the effect of State Sovereignty on the protection of human rights
 

soap~

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State sovereignty means that a country is able to create and administer it's own laws without intervention from other countries, as such this effects the protection of human rights which may be abused in countries where they are not recognised and protected by the jurisdicted government, for example the issue of child sex tourism in some asian countries may be turned a blind eye to in order to protect economic interests. Consequently, these countries may be pressured into recognising such issues through means such as the United Nations, however they cannot have these values enforced upon them.

Pick one, since not all of you will do Family:
Family - Identify and briefly describe one non-legal institution in place for dealing with conflict in the dissolution of marriage.
OR
Crime - Identify and give an example of a type of International crime.
 

jakus

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Crime - crimes against humanity, e.g. genocide.

Evaluate Australia's protection of human rights.
 

soap~

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jakus said:
Crime - crimes against humanity, e.g. genocide.
Actually the answer I was looking for was Crimes committed outside jurisdiction, Transnational crimes or Crimes against the international community.
 

jakus

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soap~ said:
Actually the answer I was looking for was Crimes committed outside jurisdiction, Transnational crimes or Crimes against the international community.
Ahh that's right, I mistook crimes against the international community for crimes against humanity. Damn...

Guess it's time to revise international crime.
 

Azreil

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Extradition is the result of a bilateral treaty or agreement between two nations or states. It involves the removal of a person from a state to another where they are accused of committing a crime. The concept of dual criminality generally must exist between the two states, hence extradition is a fast and relatively simple process between states of Australia eg NSW and Qld but longer and more complex between Australia and another nation eg Australia and Spain in the case of Christopher Skafe.

Outline the concept of natural justice.
 

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