Civics and Citizenship

Identify and explain the values that underpin the Australian legal system

The Australian legal system is based on several core values that ensure it functions fairly.

1. Rule of Law

2. Justice and Fairness

2. Justice and Fairness

4. Equality Before the Law

5. Separation of Powers

6. Presumption of Innocence

7. Access to Justice

8. Transparency and Accountability

Define the representative democracy

• A type of government where people vote for leaders to make decisions for them

• They are called:representatives.

• If people don’t like what the leaders do, they can vote them out in the next election.

Example: In Australia, we vote for members of parliament to represent us.

Define the liberal democracy

• A system where people vote, but also have rights and freedoms that are protected.

• Everyone is: equal under the law.

• The government must follow rules 

Example: In Australia, we have freedom of speech, fair trials, and protection from unfair treatment.

Easy way to remember the democracy’s :

• Representative democracy = We choose our leaders.

• Liberal democracy = We choose our leaders AND have rights.

Explain the key principles of Australia’s legal system.

1. Rule of Law

Everyone must follow the law — even the government.

2. Equality Before the Law

Everyone is treated the same, no matter who they are.

3. Presumption of Innocence

You are innocent until proven guilty.

4. Fair Trial

Everyone has the right to a fair hearing in court.

5. Independent Courts

Judges make decisions without pressure from the government.

6. Legal Representation

You have the right to a lawyer to help you in court.

Define Civil law and give examples

About crimes that break the law and affect society.

The government (police or prosecutor) takes the case to court.

E.g.

Theft,Assault,Murder,Vandalism

Define Criminal law and give examples

About disagreements between people or organisations.

One person sues another to get compensation or fix a problem.

E.g. A person sues their neighbour over a fence or damage,Divorce or child custody cases

Identify key people involved in Criminal cases.

• Judge – Runs the court and gives the sentence.

• Prosecutor – Tries to prove the accused is guilty.

• Defence Lawyer – Defends the accused person.

• Accused (Defendant) – The person charged with a crime.

• Jury – Decides if the accused is guilty (in serious cases).

• Witnesses – Give evidence about what happened

Identify key people involved in Criminal cases.

• Judge – Decides who is right.

• Plaintiff – The person who brings the case (makes the complaint).

• Defendant – The person being sued.

• Lawyers – Speak for each side.

• Witnesses – Share information about the dispute

Explain the difference between binding precedents and their significance in the development of law.

A binding precedent is a decision made by a higher court that lower courts must follow in similar cases.

Significance in the Development of Law:

• Creates consistency: Similar cases are treated the same way, making the law fair.