Civics & Justice: Definitions + Facts

What is the highest court in Australia?

The High Court of Australia.

What are the two main functions of the High Court?

It interprets the Australian Constitution and hears final appeals.

Which court hears appeals from lower Victorian courts?

The Supreme Court of Victoria — Court of Appeal.

What does the Supreme Court of Victoria Trial Division do?

It hears the most serious criminal cases, such as murder, and major civil disputes.

Which court hears serious criminal cases and larger civil disputes?

The County Court of Victoria.

What does the Magistrates’ Court of Victoria deal with?

Less serious criminal offences and smaller civil disputes; most cases begin here.

Where do most criminal cases begin?

The Magistrates’ Court of Victoria.

What does VCAT stand for?

Victorian Civil and Administrative Tribunal.

Is VCAT a court?

No, it is a tribunal.

What does VCAT deal with?

Everyday civil disputes, including rental, consumer, small-business and guardianship matters.

What does the Children’s Court of Victoria deal with?

Matters involving children and young people.

What does the Coroners Court of Victoria do?

It investigates certain deaths, especially unexpected, unexplained or suspicious deaths.

What is the Koori Court’s role?

It provides a culturally appropriate sentencing process for Aboriginal and Torres Strait Islander accused people.

What does the Victims of Crime Assistance Tribunal do?

It may provide financial assistance to victims of violent crime.

What does the Federal Court of Australia hear?

Matters involving federal law, including migration, corporations, bankruptcy and industrial relations.

What does the Federal Circuit and Family Court of Australia hear?

Mainly family law matters, including divorce, parenting arrangements and property settlements.

What does jurisdiction mean?

A court or tribunal’s power to hear and decide certain types of cases.

What is original jurisdiction?

The power to hear a case for the first time.

What is appellate jurisdiction?

The power to hear an appeal from a lower court.

Put the Victorian court hierarchy in order from highest to lowest.

Supreme Court of Victoria Court of Appeal → Supreme Court of Victoria Trial Division → County Court of Victoria → Magistrates’ Court of Victoria → VCAT.

What is a referendum?

A vote by eligible Australian voters on a proposed change to the Australian Constitution.

How can the Australian Constitution be changed?

By a referendum.

What must happen before a referendum is put to voters?

The proposed change must be approved by an absolute majority in both houses of federal Parliament.

What is a double majority?

A majority of all Australian voters voting yes, plus a majority of voters in at least four of the six states voting yes.

Why is the Constitution difficult to change?

It requires a double majority, so changes need broad support across Australia.

What are the three levels of government in Australia?

Federal, state or territory, and local government.

What is the federal government responsible for?

Matters affecting the whole nation, such as defence, immigration, taxation, currency, foreign affairs and international trade.

Which level of government is responsible for defence?

The federal government.

Which level of government is responsible for immigration and citizenship?

The federal government.

Which level of government is responsible for currency and banking?

The federal government.

Which level of government is responsible for foreign affairs?

The federal government.

Which level of government is responsible for international trade?

The federal government.

Which level of government is responsible for taxation?

The federal government.

What are concurrent powers?

Areas where both federal and state governments can make laws.

Give an example of a concurrent power.

Health, education, environmental protection or taxation.

What is an inconsistency between laws?

When a state law conflicts with a federal law.

What does section 109 of the Constitution state?

If a valid federal law conflicts with a state law, the federal law prevails.

What happens to a conflicting state law under section 109?

It becomes invalid to the extent that it conflicts with the valid federal law.

What are the three principles of justice?

Fairness, equality and access.

What does fairness mean as a principle of justice?

Legal processes and outcomes should be unbiased and reasonable, and people should receive a fair hearing.

What does equality mean as a principle of justice?

Everyone should be treated equally before the law, regardless of their background or personal characteristics.

What does access mean as a principle of justice?

People should be able to understand, use and afford the legal system.

How can an interpreter improve access to justice?

They help a person understand and participate in legal proceedings.

How can legal aid improve access to justice?

It helps eligible people afford legal advice or representation.

How does allowing both sides to present evidence promote fairness?

It gives each party a fair opportunity to state their case.

How does treating wealthy and poor people under the same law promote equality?

It means the law applies equally regardless of wealth.

What is civil law?

Law that deals with disputes between individuals or organisations.

What is criminal law?

Law that deals with behaviour considered harmful to society.

Who usually starts a civil case?

A person or organisation, called the plaintiff.

Who usually starts a criminal case?

The state, usually through police or the prosecution.

What are the parties called in a civil case?

The plaintiff and the defendant.

What are the parties called in a criminal case?

The prosecution and the accused.

What must a plaintiff prove in a civil case?

Their case on the balance of probabilities.

What does balance of probabilities mean?

It is more likely than not that the claim is true.

What must the prosecution prove in a criminal case?

The accused is guilty beyond reasonable doubt.

What does beyond reasonable doubt mean?

The case has been proven to a very high standard, leaving no reasonable doubt that the accused is guilty.

What is a common outcome in a civil case?

Compensation, an injunction or another court order.

What are possible outcomes in a criminal case?

A fine, community correction order or imprisonment.

Give an example of a civil case.

A contract dispute, tenancy dispute or claim for damages after a car accident.

Give an example of a criminal case.

Theft, assault, murder or a drug offence.

What is a tribunal?

A less formal decision-making body that resolves particular types of disputes.

Give three advantages of tribunals.

They are generally faster, cheaper and less formal than courts.

Why can tribunals improve access to justice?

They are often cheaper, quicker, easier to use and less intimidating than courts.

What is one limitation of tribunals?

They have limited powers and cannot deal with serious criminal cases.