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

[obimoshman1234]

pretty much i want to start the same thing business study forum has where we ask uestions people answer then post another uestion this is what i am talking about if u want to look
http://community.boredofstudies.org/showthread.php?t=175093

essentially helps us study adn understand stuff

rules must answer uestion posted before posting ur own.





To get us started heres my uestion for u:

Explain and give examples of first, second and third generation human rights???

 

[fleck27]

First generation rights are Civil and Political Rights
-covered in the International Covenant on Civil and Political Rights (1976)
-e.g. the right to vote, universal suffrage

Second Generation rights are Cultural, Economic and Social rights
covered in the International Covenant on Cultural Economic Social Rights
e.g. right to shelter

Third generation rights are Peace and Environmental Rights
e.g. right to a healthy environment
i think this also covers collective rights e.g. self determination


What is the NSW court hierarchy, and the jurisdiction of each court?

 

[obimoshman1234]

local court: jurisdiction hear comittimal hearings, minor criminal offences eg break and entry etc, civil matters up to claims of $40 000
V
district court: jurisdictions appeallate, indictable offences all except murder and treason, civil cases of claims between $40 000 and $750 000
V
Supreme Court (single judge) : jurisdictions appeallate, crimes eg murder, civil matters such as wills injuctions and cases claims over $750 000 with no limit
V
NSW court of appeal: part of supreme court but has three judges this hears appeals from supreme and district courts
V
High court (single judge): appeals from NSW court of appeals on civil and criminal matters
V
High court (full court): appeals from single judge high court


What is the difference between tort and contract law and provide an example of both

 

[Azreil]

Tort law concerns a civil wrong against an individual such as trespass.

Contract law concerns the making of, and breaches of specific terms of a contract, whether implied or explicit, such as minor breach of contract.

What occurs at a committal hearing, and why is it needed?

 

[obimoshman1234]

A commital hearing is a hearing within the local court to firts determine if there is prima facie (a case to be heard) and secondly to what jurisdiction it resides under (which court the case will be heard in)

essentially needed to help speed up process for criminal cases


What are two reasons for criminal law reform? outline these?

 

[Azreil]

Changing values of society~ represented particularly in the law reform in regard to sexual assault, the values of society evolve over time and have influenced law reform in changing the criminality of certain acts, changing in mandatory (minimum/maximum) sentencing and several other areas of law reform.

Failure of existing laws~ the Wood Royal Commission and ABS statistics stating that 1/4 girls and 1/9 boys are sexually assaulted proved that the existing laws were not protecting children adequately. Law reform as a result of this aimed to protect these children in a more uniform and effective manner.

What are the elements of a crime?

 

[obimoshman1234]

3 elements of CRIME:


1. actus reus: the guilty action

2. mens rea: the intent or guilty mind

3. causation: chain of causation e.g. simon stabbed lucy who refused to be treated and died chain not broken simon guilty of murder.

what are the purposes of punishments and give examples of a punishment with such a purpose??

 

[-may-cat-]

Purpose of punishment

Rehabilitation- The punishment allows the offender to see the error in their ways and allows for the opportunity for change.
Example: Probation Order.

Retribution- The punishment fits the crime, takes into account the effect and harm the crime has caused on the individual.
Example: Imprisonment.

Deterrance- The punishment deters others (or the offender, particularly young offenders) from committing the crime, the offender is made an example of, sometimes with much media coverage.
Example: Re-intergrative shaming.


Question: Outline the criminal process from investigation to post sentencing, what role does descretion play within this process?

 

[obimoshman1234]

Purpose of punishment

Rehabilitation- The punishment allows the offender to see the error in their ways and allows for the opportunity for change.
Example: Probation Order.

Retribution- The punishment fits the crime, takes into account the effect and harm the crime has caused on the individual.
Example: Imprisonment.

Deterrance- The punishment deters others (or the offender, particularly young offenders) from committing the crime, the offender is made an example of, sometimes with much media coverage.
Example: Re-intergrative shaming.

u missed two

Reintergrative shaming and Incapcitation


and i aint answering ur uestion just showing u missed two

HERE IS HER UESTIONS AGAIN

Question: Outline the criminal process from investigation to post sentencing, what role does descretion play within this process?

 

[-may-cat-]

u missed two

Reintergrative shaming and Incapcitation


and i aint answering ur uestion just showing u missed two

HERE IS HER UESTIONS AGAIN

Question: Outline the criminal process from investigation to post sentencing, what role does descretion play within this process?

we were told they are not purposes of punishment, but punishments themselves. I think they are both, plus i dont trust the text book, its shit.

 

[cxlxoxk]

first generation -> civil and political -> right to security

second generation -> economic social and cultural -> right to work

third generation -> unofficial "solidarity" rights -> right to peace?

the criminal process question was too long...cbb with it

My Question​

Define and give an example of situational crime prevention.

 

[obimoshman1234]

uummm a bit late there buddy u missed may-cat uestion but w/e here is ur answer

Situational crime prevention is the removing of situations where a criminal offence could occur. EG parents stopping their children from going to a party where people may do drugs



here is may cats uestions again
Question: Outline the criminal process from investigation to post sentencing, what role does descretion play within this process?





also may cat according to excel book incapacitation and reintegrative shaming are purposes of punishments. also what textbook are u using????

 

[Azreil]

Investigation--Police have the discretion to investigate a report or ignore it when given to them.

Arrest--The police have the discretionary power to arrest someone, or serve them with a summons to be at court at a certain date.

Bail--If arrested, the magistrate in a bail hearing has the discretionary power to grant or deny bail, depending on the individual circumstances.

Committal--The accused has the discretionary power to plead guilty, not guilty, or enter no plea. They may also elect to have a less serious indictable matter hear summarily.

Trial--The magistrate has the power to rule on objections, and on whether precedents stnad, etc.

Deliberation--The jury (or the judge) have the discretionary power to find guilty or not guilty.

Sentencing--Between the guidelines of minimum and maximum sentencing, magistrates have the discretionary power to hand down an appropriate sentence.

Security classification--IF imprisoned, the prison staff have the discretionary power, after an initial time in maximum security, to choose a security classification.

Protective custody--The criminal has the discretionary power to ask for protective custody.

Parole--After the non-parole period decided by the sentencing magistrate, in a parole hearing, a magistrate has the discretionary power to grant or deny parole.

Assess the effectiveness of the legal system in dealing with international crime.

 

[daniel`]

That could be a pretty long answer.



International law is vastly ineffective due to the way it is enforced. With the exception of sanctions, the only way to make international law a law is to make it into domestic law.

Give two issues related to Family law, with cases and statutes for each.

 

[obimoshman1234]

That could be a pretty long answer.



International law is vastly ineffective due to the way it is enforced. With the exception of sanctions, the only way to make international law a law is to make it into domestic law.

firstly its ineffective mainly because its all on consensus so if a country doesnt want to sign or agree with it then UN cant do anything.



secondly this is suppose to be for more non essay things so pretty much crime and law and society topic probably should have said that at start seeing how not everyone does same optionals and might get stuck.

so disregarding ur uestion heres a new one

WHAT CHARACTERISES A JUST LAW?

 

[-may-cat-]

A just law:

Is certain
Applies equally
Is prospective not retrospective
Is discoverable
Is enforceable
Is accepted
Can be altered
Is consistant

Question: Describe all kinds of economic crime, apply cases where relevant.

 

[obimoshman1234]

Economic crimes invole acts or omissions against property or fianaces and include:

CRIMEs against property: acts or omissions which damage or remove other people's property. EG larceny or theft

WHITE COLLAR crimes: These are crime against property carried out by people working in the business world who commit crimes related to money. EG embezzlement, tax evasion and insider trading

i didnt see need for cases but if u want u can edit and put in lol


WHAT INTERNATIONAL INSTRUMENTS HAVE BEEN DEVELOPED TO DEAL WITH INTERNATIONAL CRIME

 

[laureese]

WHAT INTERNATIONAL INSTRUMENTS HAVE BEEN DEVELOPED TO DEAL WITH INTERNATIONAL CRIME

Declarations and treaties
international customary law
the UN and its instruments
regional inter-governmental organisations
NGOs
media
persuasion
political negotiation
force

Q: Identify and explain the parties to a crime

 

[cxlxoxk]

Extradition using bilateral treaties that allow for extradition might be one.

^ the above answer is world order section answer, im using the international section of crime answer....

Parties to a crime are:

Principal - First Degree

Principal - Second Degree

Accessory - Before the Fact

Accessory - After the Fact



_________

Not a legal studies question: Do you think total world order/world peace/world security is achievable?
_________

Possibly a legal studies question: Contrast between legalisation and decriminalisation?

Can someone tell me if you are required to know that for the HSC? Is it in the syllabus anywhere?
_________

Ok, the real question: At a trial Jane Doe's defense lawyer asks the judge to reduce the sentence because of her age. What is this an example of?
_________

Hehe question overload!

 

[laureese]

shit.. i didnt read the question properly..
oh well

ok um mitigating circumstances?

Q:what are the post-sentencing decisions