Studied by 5 people
Who would not be on a jury?
A citizen of another country, A person under the age of 18, A person who has served as a judicial officer, a lawyer or the governor, A person with a mental disability
How are jury members selected?
Members are selected randomly from the electoral roll which are registered voters. The selected member will serve as a juror as long as they fit the requirements.
How many jurors are on a jury?
12 jurors for criminal cases, 6 for civil cases
What is the role of the jury?
The role of the jury is to hear the evidence from both sides of the case and decide whether the defendant is guilty of not guilty.
Why are offenders sentenced to prison?
The role of prison is to make the offender not want to commit crimes again because of the discomfort during their sentence. Another aim to rehabilitate and give them time to learn from their mistakes or get their life on the right track.
List disadvantages of being in prison.
· You can't socialise with the other gender, You lose the freedom to go wherever you want, You lose the freedom of choice: food, visiting times, You can't see family or friends often
List ways having a criminal record would affect a person's life.
You cannot serve as a jury, Getting employed will be harder, Renting will be harder, Loss of firearm privileges, Difficulties traveling
What is the role of the police.
To protect the community and maintain order. They also enforce the law
Describe the effect of the police going on strike.
If the police were to go on strike the community would be left defenceless and unprotected while criminals wreak havoc in the community. If the police go on strike
What courts exist within the Victorian court hierarchy?
Supreme Court of Victoria, County Court of Victoria, Magistrates' Court, Children's Court of Victoria, Coroners Court of Victoria
Provide evidence that Australia has a democratic system of government.
Australia is a democracy because it has a government that's elected through an election of majority rules
List responsibilities of the government.
· Developing plans for managing trade, foreign affairs, immigration, and the environment, introducing bills, Putting laws into action, Making important national decisions, Representing Australia overseas
What are the 3 levels of government.
federal, state and local
What services are local councils responsible for?
They take care of public property belonging to their area. They make laws and regulations affecting these areas. Town planning, libraries, promote local employment, tourism, and businesses
What is the role of the opposition in our parliamentary system?
The role of the opposition is to go against the government and point out the flaws in their policies and actions. This opposition puts pressure on the government and keeps them in check. When we have someone pointing out all the flaws
What is the leader of the government called?
Prime Minister
How is the government formed?
The government is formed through a federal election. In this election politicians from different parties or coalitions are elected to the house of representatives. The party with the support from the majority of the house of representatives is elected as the government at the end of the election. The second largest party is made the opposition.
List responsibilities of the federal government.
Responsibilities include foreign affairs, social security, industrial relations, trade, immigration, currency, and defence.
List responsibilities of the state government.
The responsibilities of the state government include schools, hospitals, roads, railways and public transport, emergency services and industrial relations.
Senior members of government are responsible for a portfolio. What does this mean?
A portfolio is a minister’s area of responsibility. This means that each member gets one or more departments, agencies, boards and/or other structures.
What country's parliamentary system is ours based on? What is the name of this system of government?
Australia’s parliamentary system is based on Britain’s Westminster system. It is also used in other countries such as Canada and New Zealand
Indictable offence
a serious criminal offence
What types of cases are heard in each of the Victorian courts?
Magistrates' Court - Legal disputes and summary matters up to $100,000, County Court - More serious cases over $100,000. Judges also go to major country towns, Supreme - Indictable offences and civil justice matters over $200,00, Children's Court - Children's matters aged 10-18 besides murder or attempted murder. Child must be under 19 when the charge is filed. Coroners Court - Unexpected death from unknown reasons or unidentifiable body, Neighbourhood Justice Centre - Acts as specialised Magistrates' Court, Children's Court, Victorian Civil and Administrative Tribunal (VCAT) and Victims of Crime Assistance Tribunal (VOCAT). Focuses on causes of problems, Tribunals - Civil matters, applications, Disputes regarding renting, and human rights abuses or discrimination.
What does it mean to be released on bail?
It means to be released from police custody or jail on the condition that you attend court when required. You may have to agree to certain conditions to be granted bail.
What is meant by the legal principle the 'presumption of innocence'.
It means that the legal system will presume that the charged offender is innocence until proved guilty.
Explain the term 'remand'.
The process for detaining someone that was charged before their trial or when their trial was adjourned (stopped with the intention of resuming).
what are rules and laws?
Rules are accepted principles or instructions established by some authority that states what you are allowed to do not allowed to do. Laws are a system of rules regarding the actions of members of a society made by a law making body and authorised by the imposition of penalties.
Who makes them?
Rules - People in authority, such as parents or teachers. Laws - The Victorian parliament for everyone in Victoria and the Commonwealth parliament
Who enforces them?
Rules - People in authority such as parents or teachers. Laws - The police.
Who do they apply to?
Rules - Only the people they were made for. Laws - Everyone in the society/community.
What are the consequences for breaking them?
Rules - There will be a non-legal consequence such as being grounded or detention. Laws - There will be a legal consequence such as a term of imprisonment or a fine.
Who issues the punishments?
Rules - People in authority such as teachers or parents. Laws - Courts or police.
Write a list of 5 laws that affect your day-to-day life.
No exceeding the speed limit, No dropping out of school until you're 17, No mobile phone use at school, No underage drinking, No underage smoking.
Write a list of 5 rules that affect you in your day-to-day life.
Wear full school uniform at school, Keeping room tidy, Do your own laundry, Wash your own dishes, Do your homework
Why do we need rules and laws in society?
· To maintain order, To protect everyone's rights, To keep everyone safe, To protect everyone's property, To protect the environment, To prevent conflict and violence, To provide guidance
What system of government operates in Australia? How do we know this?
Democratic, because people vote for the government.
What is meant by a bicameral system?
It's a system of government in which the legislature is made of two houses.
What are the names of the two houses of parliament at the state and federal level?
Senate and the House of Representatives.
What is a bill?
a proposed law
What is the name of a law once it has been passed by both houses of parliament?
an act
What is the role of the High Court of Australia?
The role of the high court is to interpret and apply the law of Australia
What is meant by ethics?
Ethics are moral principles that control someone's behaviour out the conducting of an act.
Explain examples of ethical issues the legal system regulates.
Torture, sexual harassment, racism, discrimination
What is a victimless crime?
a legal offense to which all parties consent and no party is injured.
Should the law be involved in ethical issues?
I think the law shouldn't be involved in ethical issues because people's issues an be different and we don't want the law to discriminate against a group of people just because their ethics are different. Also everyone has the right to liberty and freedom of thought.
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