ASSESSMENT: Identify and apply the legal framework

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General Instructions:

All questions in this assessment must be attempted. Students are required to achieve 100% (21/21) to be deemed competent. Your responses to the questions should be sufficient in word count to show an understanding of the unit. One line responses will not be tolerated as they do not show your acquired knowledge of the subject.

Number of Attempts:

You will receive two (2) attempts for this assessment. Should your 1st attempt be not satisfactory, your teacher will discuss the relevant questions with you and will arrange a 2nd attempt to be scheduled. Should your 2nd attempt not be successful, or you fail to undertake the 2nd attempt, you will be deemed “not satisfactory” for this assessment item. Only one re-assessment attempt may be granted for each assessment item.

In order to provide complete answers to the following questions, you will need to refer to:

Websites / Textbooks / Articles:

Legislation:

  • Justices Act 1886 (Qld)
  • Criminal Code (Qld)
  • Magistrates Courts Act 1921 (Qld)
  • District Court of Queensland Act 1967 (Qld)
  • Supreme Court of Queensland Act 1991 (Qld)
  • Federal Court of Australia Act 1976 (Qld)
  • Commonwealth of Australia Constitution Act (Cth) (‘The Constitution’)
  • Family Law Act 1975 (Cth)
  • Marriage Act 1961 (Cth)
  • Federal Magistrates Court Act 1999 (Cth).

PLEASE NOTE: Legislation is accessible from the OQPC website.

N.B: Make sure you include the reference list and legislation used ( section, chapter,…)

QUESTIONS

  1. When examining legislation statute can appear quite complex on first glance, briefly explain the significance of the following parts of a statute.
  1. Act Number
  1. Definitions
  1. Sections
  1. Chapters
  1. Explain the purpose of a Precedent case and how it applies to new cases that come before the court.
  1. List and describe three advantages of having precedent cases?
  1. List and describe two disadvantages of precedent?
  2. In no more than 100 words briefly explain the purpose of criminal law.
  1. In no more than 100 words briefly explain the purpose of civil law.
  1. Briefly explain the differences between a criminal and civil matter being brought before the courts. In your answer ensure you address the issue of who can bring the action to court in both matters?

Scenario 1

One Saturday evening, before he was arrested on drug possession charges, David ‘Evil’ Keneval (38 years old) was enjoying himself at a BBQ at his neighbour’s house. After a few beers ‘Evil’ decided to enter into a conversation with his neighbour, Jack Green. Keneval and Green began by talking about football however the conversation turned to the question of refugees. The conversation quickly became very heated as Keneval’s father was a refugee and Green was a ‘bogan’ and extremely racist. Green finally lost his temper and yelled to Keneval “you and your lot should go back to where you came from”.

Keneval then lost his temper and retaliated by smashing the top off his VB stubby bottle and glassed Green in the face. The police and an ambulance were called.  Green suffered from a large laceration to his right cheek requiring 80 stitches ($1 500 in medical expenses) and was unable to return to work for two months ($8 000 lost wages). He was further devastated when his girlfriend left him due to the hideous injury to his face.

The police subsequently charged Keneval with 1 x Assault Occasioning Bodily Harm pursuant to s.339 of the Criminal Code which states:

(1) Any person who unlawfully assaults another and thereby does the other person bodily harm , is guilty of a crime and is liable to imprisonment for 7 years

         (2) If the offender does bodily harm and is or pretends to be armed with any dangerous or offensive weapon or instrument or is in company with 1 or more persons, the offender is liable to imprisonment for 10 years.

Based on the above scenario answer the following questions

  1. Fully explain 2 options police have for commencing criminal proceedings against Keneval (bringing him before the court). Which option would you consider is more appropriate and why?
  1. Explain the court process Keneval would be subject to if he chose to plead not guilty to the offence. In your answer explain the following using appropriate sub-headings:

(a)       The relevant steps in the criminal court process (which courts will he appear in and why)?

(b)       The classification of the offence Keneval is being charged with. HINT: is it a crime/misdemeanour/simple offence? Is it indictable/non-indictable?

(c)        Which court has jurisdiction to hear the matter. Explain the steps you took to arrive at your final answer.

  1. As Keneval is likely to stand trial on the matter, fully outline three possible court outcomes he may be subject to?
  1. Could Green (the victim in this criminal matter) pursue a civil case against Keneval? If so, explain in detail what kind of civil action could be brought.
  1. Explain the difference between an act of ‘battery’ under the law of torts and the act of assault under the criminal law?
  1. Explain the differences between any civil actions Green may pursue and the criminal proceedings instigated by police (outline how civil cases are different from criminal including the onus of proof required for both civil and criminal law).
  1.          Which party initiates the proceedings and why
  1.          Who has the burden/onus of proof
  1.          What the standard of proof is for each matter
  1. There are rules which relate to evidence being admissible when being presented to court. Name two (2) admissibility rules of evidence that govern evidence being provided to court and explain each rule in detail.
  1. Identify the Queensland Courts in order of hierarchy including the maximum terms of imprisonment and civil claims amounts.
  1. Explain why there is a need for a court hierarchy.
  1. Explain your understanding of the separation of powers including the purpose of the three (3) arms within the government.
  1. The rule of law originated with the signing of the Magna Carter. Provide an explanation for the rule of law and how it applies within the Australian Justice system.
  1. What are the six (6) steps for passing a bill? Explain each step.
  1. Explain the following common law statutory interpretations
  1. Literal Rule
  2. Golden Rule
  3. Mischief Rule (purposive Approach)
  1. What are the seven (7) steps a civil proceeding follows through Australia’s civil law system?

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