University : Swinburne University of Technology UniLearnO is not sponsored or endorsed by this college or university.
Subject Code : LAW00001
Assignment Task :

This assessment reflects Unit Learning Outcomes 1 & 2. Students who successfully complete this task should be able to:

1. Demonstrate an understanding of the concepts of law, and identify the legal systems and institutions that administer and enforce the law. 

2. Analyse the role of criminal law in society and the rights and obligations of the individual 

 

Assessment Task Requirement: 

PART I 

Peter was driving home after the office's Christmas party. Whilst driving home he ran into Julian who was crossing the road at a pedestrian crossing. He was driving as at 120km/h. The speed limit for that area was 60km/h. His alcohol reading was 0.1 while the legal alcohol limit is 0.05. As a result of the accident, Julian was left a quadriplegic and unable to speak. 

1. a) Identify and explain what areas of criminal law have been breached by Peter. 

b) Identify and explain what areas of civil law have been breached by Peter. 

 

You must support your answer with a section(s) and/or a common law case(s). Clearly identify the criterion that must be satisfied under such section(s) and/or common law case(s). 

2. Identify in which Court(s) each of the matters stated in question 1 can be heard. You must provide reasons as to why the Court you have selected is the correct one  

3. a) In the criminal and civil cases you have identified in question 1, who would be bringing the action before the Court.

b) In the criminal and civil cases you have identified in question 1, determine if the party bringing the action has a right to jury.  

c) If they do have a right to jury, what percentage of jurors must find there has been a breach of the criminal law and what percentage for a breach of the civil. 

d) State the standard of proof that must be specified in each case.

 

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  • Uploaded By : Grace
  • Posted on : July 21st, 2018

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