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

3. Equality Before the Law

4. Separation of Powers

5. Presumption of Innocence

6. Access to Justice

7. 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.

Define Criminal 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 Civil 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 Civil 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.

Explain the roles and functions of various courts in the Australian court hierarchy, including their jurisdictions, powers and responsibilities.

• Courts are organised from least to most serious.

• Higher courts have more power and can change decisions made by lower courts.

• Lower courts deal with minor cases and help keep the system running smoothly.

Explain how appeals work with reference to court hierarchy.

• An appeal is when someone asks a higher court to review a lower court’s decision.

• The higher court can keep, change, or overturn the original decision.

Describe Duty of Care and the Tort of Negligence, including the main elements of a negligence case.

• Duty of Care: A responsibility to avoid causing harm to others.

• Negligence: Failing to take reasonable care, causing harm.

• Elements of Negligence:

  1. Duty of care

  2. Breach of duty

  3. Causing harm

  4. Actual damage or loss

Discuss how the Tort of Negligence and process of Duty of Care was developed using case studies.

• Duty of Care: Professionals must act carefully and use accurate evidence.

• Negligence: In Kathleen Folbigg’s case, mistakes in expert evidence led to a wrongful conviction.

• Lesson: Failing to take care can cause serious harm, showing why duty of care is important.

Explain the function of juries, their strengths and weaknesses in the legal system.

• Function: Juries listen to evidence and decide guilt or liability.

• Strengths: Reflect community values, reduce bias, ensure fairness.

• Weaknesses: Can be swayed by emotions, struggle with complex cases, verdicts may vary.

Explain the factors that can undermine the principles of justice

• Bribery: Offering money or gifts to influence decisions

• Coercion: Forcing someone to act against their will

• Trial by Media: Media coverage influencing public opinion and the jury

• Corruption: Abuse of power by officials for personal gain

• Court Delays: Slow legal processes

Explain ‘trial by media’ and the role of the media in shaping the legal case and public perception surrounding case studies.

• Trial by Media: When news outlets report on a case in a way that influences public opinion before or during a trial.

• Role of Media: Can inform the public but also create bias, making it hard for the accused to get a fair trial.

• Example: In the Kathleen Folbigg case, media coverage and public opinion may have influenced perceptions of her guilt before new evidence was considered.

Explain the impact of juror bias and bribery on the outcome of a trial

• Juror Bias: Prejudiced jurors can lead to unfair verdicts.

• Bribery: Paying jurors can corrupt the trial and affect the outcome.

Outline the key events of the Andrew Mallard case.

1994: Jeweller Pamela Lawrence is murdered, Mallard is wrongly accused.

1995: Convicted based on flawed police interviews and withheld evidence.

2005: High Court overturns conviction after new evidence is revealed.

2006: Charges dropped; Mallard released after nearly 12 years in prison.

Compensation: Receives $3.25 million; case exposes police misconduct.

Explain the concepts and implications of a wrongful conviction using a case study.

• Wrongful Conviction: Innocent person found guilty.

• Lindy Chamberlain: Convicted of killing baby Azaria (1980), served 3+ years, later proved innocent (dingo took baby).

• Lesson: Mistaken assumptions and public pressure can cause injustice.

Explain, using examples, the strengths and weaknesses of the Australian legal system.

Strengths: The Australian legal system is fair, protects people’s rights, and has independent courts that make unbiased decisions.

Weaknesses: Mistakes can happen, trials can be slow and confusing, and legal help can be expensive.