Legal Exam Revision

Where did ancient democracy originate?

Athens - Greece

Who was (and who wasn’t) included under ancient democracy?

Included - Rich, free men

Excluded - women, the poor, slaves and foreigners

What rights do we have under our democracy in Australia today?

The right to vote

Freedom of speech

Freedom of religion

Freedom of assembly

What is federation and when did it occur?

Federation refers to the process in which in which the 6 British colonies: NSW, VIC, QLD, SA, WA and TAS united to form the commonwealth of Australia.

The federation officially took place on the 1st of January, 1901.

How many levels of government do we have in Australia and what are they?

Australia has 3 levels of government.

They are:

• Federal

• State & territory

• Local

What is meant by ‘parliament’?

Parliament is a legislative body of government responsible for making/changing laws and overseeing the government through hearings.

Describe the difference between the terms ‘government’ and ‘parliament’

Parliament is where all elected representatives come to make laws and decisions, whereas government is the group in charge with the most seats in the house of representatives.

What is meant by a ‘bicameral parliament’?

A bicameral parliament has two houses that work together to make laws.

Names of Houses in Federal Parliament and numbers in each

House of Representatives (lower house) - 151 members

Senate (upper house) - 76 members

Names of Houses in State Parliament and numbers in each

Legislative assembly (lower house) - 88

Legislative council (upper house) - 40

Titles of Crown’s Representative in State and Federal Parliament

State - Govenor

Federal - Govenor-general

How is government formed?

Government is formed when a political party wins the most seats in the house of representatives.

What is the role of the House of Representatives in contrast to the Senate?

The house of representatives makes laws, whereas the senate reviews them.

The house represents the people, and the government is chosen here.

The senate makes sure laws are fair and can ask for changes to be made.

What is an ‘electorate’?

An electorate is an area where people vote for a representative in parliament.

Difference between rules and laws (with examples)

Rules are guidelines created for specific groups or organizations to ensure they can work together peacefully.

Laws are enforced regulations and apply to all members of society, with harsher consequences if broken.

Examples:

Rule - School dress code

Law - Wearing seatbelts when driving

Give an example of a dictatorship

A dictatorship is a form of government in which a person or small group has total control, and people have little to no say.

An example of this would be Kim Jong-un, the leader of North Korea, who makes all major decisions without elections or opposition.

Give an example of a constitutional monarchy

Constitutional monarchy - a system of government in which a king or queen acts as head of state.

Example - The United Kingdom

Explain the difference between a civil and a criminal case

A civil case involves disputes by individuals or organizations. The goal is to settle conflict and provide compensation.

A criminal case involves crimes against society. The government prosecutes the accused, and they will receive a penalty.

Define ‘acquit’

To ‘acquit’ someone means to declare them not guilty of a crime.

Define ‘convict’

To ‘convict’ someone means to declare them guilty of a crime.

Define ‘beyond reasonable doubt’

Beyond reasonable doubt means that evidence must be so strong that there is no logical reason to believe the accused is innocent.

Define ‘sanction’

A ‘sanction’ is a penalty or consequence imposed for breaking rules or laws.

Define ‘accused’

‘Accused’ refers to a person or group charged with a crime or on trial for an alleged offence.

Define ‘fine’

A ‘fine’ is a monetary penalty imposed by a court or government for breaking a law or regulation.

Define ‘community corrections order’

A community corrections order is a sentencing option that allows an offender to serve their sentence in the community, rather than prison.

Define ‘imprisonment’

Imprisonment is the state of being confined in a prison or facility as a form of legal punishment.

Define ‘indictable offence’

An indictable offence is a serious criminal offence that is often taken to a higher court, where a judge and jury decide the case.

Examples of indictable offences include murder, robbery and serious drug crimes.

Define ‘summary offence’

A summary offence is a less serious criminal offence usually dealt in the lower court without a jury.

Examples of summary offences include disorderly conduct, minor assault and traffic offences

Define ‘bail’

Bail is the temporary release of an accused person while they await trial.

Define ‘remand’

Remand is the act of sending someone back into custody while they await trial.

Define ‘parole’

Parole is the conditional release of a prisoner before they have completed their full sentence.

What are some words or phrases from an article which suggest a sample case is a criminal case?

Accused, defendant, prosecution, arrest, conviction, sentence, felony, etc.

Define punishment and how it is taken into account in sentencing.

Punishment – Ensures the offender faces consequences for their actions, reflecting the severity of the crime. Judges consider fairness and proportionality when deciding the sentence.

Define protection and how it is taken into account in sentencing.

Protection – Keeps the community safe by restricting the offender’s ability to commit further crimes, often through imprisonment or restraining orders.

Define rehabilitation and how it is taken into account in sentencing.

Rehabilitation – Aims to help offenders reform and reintegrate into society, using programs like counseling, education, or drug treatment.

Define deterrence and how it is taken into account in sentencing.

Deterrence – Discourages both the offender (specific deterrence) and the general public (general deterrence) from committing similar crimes by imposing penalties.

Define denunciation and how it is taken into account in sentencing.

Denunciation – Publicly condemns the crime, reinforcing societal values and making it clear that certain behaviors are unacceptable

What is the age of criminal responsibility?

12 years old.

What’s the role of the judge in a criminal trial?

The main roles for a judge in a criminal trial are:

• Guide the trial

• Help the jury understand legal terms

• Decides the sentence

What’s the role of the jury in a criminal trial?

The jury’s main role in a criminal trial is to decide if the accused is innocent or guilty based on given evidence.

What’s the role of the prosecution in a criminal trial?

The prosecution’s main roles in a criminal trial are:

• Prove that the accused is guilty

• Present evidence

• Ensure a fair trial

Summarize your findings from your chosen topic

Explain the history of the jury system (include methods of trial prior to jury system being used, how long jury system has been used for)

Before the

Define ‘Trial by one’s peers’

Trail by one’s peers means that a person accused of a crime is judged by a jury of citizens, rather than by a single judge or government officials.

Define ‘unanimous verdict’

A unanimous verdict is when all members of jury agree on the decision, whether guilty or not guilty.

Define ‘majority verdict’

A majority verdict is when most of the jury agree on a decision, commonly 11 out of 12.

Define ‘hung jury’

A hung jury occurs when the jurors cannot agree on a verdict.

Define ‘challenged’

Define ‘empaneled’

Empaneled means selecting and officially appointing a group of people to serve on a jury for trial.

Define ‘beyond reasonable doubt’

Beyond reasonable doubt is the highest form of proof in a criminal trial.

Which courts in Victoria are juries used?

The Supreme Court and the County Court.

How many jurors are in a criminal trial?

12 jurors.

How is a jury selected from the start to being empaneled?

1. People are picked from the electoral roll.

2. Those selected receive a letter requesting them to court.

3. People can be excused for valid reasons.

4. Lawyers are able to reject certain jurors.

5. The final group is chosen and sworn in.

Display examples of a person that may be disqualified from court

• Serious criminal history

• Certain professions (judge, police officer)

Display examples of a person that may be ineligible from court

• Minors

• Not being a citizen

• Mental incapacity

Display examples of a person that may be excused from court

• Health issues

• Financial hardship

• Carer responsibilities

How is the jury regarded as random?

The jury is regarded as ‘random’ due to the fact jurors are chosen at random, as well as the names drawn.

Explain the roles of a jury (2-3 minimum)

The roles of a jury include:

• Deciding the facts based on evidence

• Reaching a verdict

• Ensuring justice

What are the strengths of a trial by jury?

• Community representation

• Fairness and impartiality

• Diverse perspectives

What are the weaknesses/criticisms of a trial by jury?

• Potential biases

• Lack of legal expertise

• Time and costs

Describe the purpose of the constitution

The purpose of the constitution is to protect the rights of citizens, as well as outline the process for making and changing laws.

When and why was the constitution created?

The constitution came into operation on January 1st, 1901, with the purpose to unite the separate colonies into a single nation.

Which country passed the law to create the constitution and why?

The United Kingdom passed the law, as Australia’s 6 colonies wanted to unite into a single nation while maintaining some independance.

What is needed to change the constitution?

To change the Australian Constitution, a referendum must be held, which is a nationwide vote.

For the change to succeed, it must be approved by both a majority of voters in Australia, as well as a majority of voters in at least 4 of the 6 states.

Explain the roles of the high court

The main roles of the high court include:

• Interpreting and applying the law

• Deciding constitutional cases

• hearing appeals

Explain the connection between the High Court and the Constitution

The high court interprets the constitution, as well as decides constitutional challenges and balancing government powers.