courts and civil law

What determines whether the accused is guilty or not guilty in a criminal trial in District or Supreme (General Division) Courts?

The jury determines the verdict.

Who determines the appropriate sentence if the accused is found guilty in a criminal trial?

The judge determines the appropriate sentence (sanction).

What is a type of petty theft that can be heard in the Magistrates’ Court?

Shoplifting is a type of petty theft.

Name one reason a person might lodge an appeal against a magistrate’s decision.

A person may appeal if they believe the magistrate made an error in law or fact.

What types of matters does the Family Court of Western Australia handle?

The Family Court handles family law matters including divorce, child custody, property settlements, and domestic violence restraining orders.

What court hears cases involving serious indictable offences such as murder?

The Supreme Court (General Division) hears cases involving serious indictable offences such as murder.

Define civil law.

Civil law involves private disputes between members of a community.

Who is considered the plaintiff in a civil case?

The plaintiff is the person who believes they are in the right.

What is a remedy in legal terms?

A remedy is how civil cases are solved, e.g., compensation or court orders.

What is the burden of proof in civil cases?

The burden of proof in civil cases is on the plaintiff.

What is the standard of proof required in civil cases?

The standard of proof in civil cases is 'the balance of probabilities'.

What is one key difference between the standard of proof in civil and criminal cases?

Civil cases have a lower standard of proof compared to criminal cases, which is 'beyond a reasonable doubt'.

Who determines the outcome of civil cases?

The judge determines the outcome of civil cases.

List two Western Australian civil statutes.

Civil Liability Act and Limitation Act.

What are the two types of civil remedies mentioned?

Money and court orders.

What is the key difference between a sanction and a remedy? Give an example.

A sanction resolves criminal cases (e.g., imprisonment), while a remedy resolves civil cases (e.g., compensation).

Name a civil law that involves failing to take proper care of something.

Negligence involves failing to take proper care.

What type of claims can be made in regards to defamation?

Defamation involves making false accusations.

What determines if a case has higher complexity for inclusion in the Supreme Court?

The amount of compensation being claimed and the complexity of the legal issues involved.