Government, Courts, and Justice - (Exam Revision)

democracy

a system of government selected by the people, where representatives are elected

government

the system of political rule and administration over a society

bicameral

two houses or two chambers

constitutional monarchy

a system of government where the monarch is the head of state, but their power is limited by the constitution

representative democracy

a system of government where parliamentarians represent the views of their community within their electorate

What are the roles of government?

- create new laws or change existing ones

- promote economic stability

- defending the country from threats

- establishing and maintaining essential services

What happens when a political party wins an election?

they form government

What is the formal title of the Australian Constitution?

Commonwealth of Australia Constitution Act 1900

political party

an organisation made up of members with similar political views representing a particular group

Describe the ALP

- the oldest political party led by Anthony Albanese

- one of the two major parties

- driving values: strengthening workers' rights, access to healthcare and education, and a strong social safety net for the vulnerable

- backed by the labour movement (unions)

What are the 4 reasons for a court hierarchy?

- appeals

- precedent

- specialisation

- administrative convenience

original jurisdiction

the power of a court to hear and determine a case in the first instance

appellate jurisdiction

the power of a court to review a decision made in a case by another court

criminal law

concerned with cases where an individual has committed an offence against the wellbeing of the community

examples of criminal law

- murder

- robbery

- assault

civil law

concerned with cases where there is a dispute between two private individuals

examples of civil law

- contracts

- divorce

- negligence

summary offence

a minor offence heard before a magistrate that invites a lesser punishment

examples of summary offences

- minor drug possession

- common assault

- offensive behaviour

indictable offence

a serious offence heard before a judge and jury that invites a greater punishment

examples of indictable offences

- murder

- manslaughter

- drug trafficking

Distinguish between summary and indictable offences

- summary offences are less serious, heard in the Magistrates' Court, with a maximum penalty of two years imprisonment for a single offence

- indictable offences are more serious, heard in higher courts, and can carry penalties exceeding two years

two parties in a criminal case

prosecution and defendant

two parties in a civil case

plaintiff and defendant

What are the 4 torts?

- negligence

- nuisance

- defamation

- trespass

negligence

failing to take adequate care, leading to unintended harm to others

nuisance

causing an obstruction, inconvenience, or damage to property

defamation

harming a person's reputation

trespass

entering another person's property without permission, or handing another person's possessions

How is a legal case written?

the two P's are written first before the defendant

What cases does the Magistrates' Court hear?

- hears minor summary offences and some indictable offences

- hears civil disputes up to the value of $100,000

- hears bail applications, conducts committal hearings

committal hearing

a hearing to determine whether there is enough evidence against an accused person to have them stand trial in a higher court

bail

the conditional release from custody of a person charged with an offence

remand

being held in custody awaiting trial

What cases does the County Court hear?

- hears most indictable offences

- hears civil cases where the amount in dispute exceeds $100,000

- hears bail applications, appeals from a lower court

What cases does the Supreme Court hear?

- hears serious indictable offences

- hears civil cases with unlimited claims for money and complex legal issues

- hears appeals from lower courts and judicial reviews

Distinguish between the Trial Division and Court of Appeal

- TD hears civil and criminal cases at first instance

- TD can find a defendant guilty or award damages

- COA reviews decisions made in the TD and other lower courts

- COA can overturn or modify a lower court's decision based on a legal error

What cases does the High Court hear?

- hears cases arising under treaties or disputes between governments

- hears cases of federal importance or involving constitutional matters

- hears appeals based on conflicting interpretations of the law

How many justices sit in the High Court?

7 justices

adversary trial

a trial before an impartial judge, where each party is responsible for the preparation and presentation of their case

features of an adversary trial

- an impartial judge

- parties who prepare and present their case

- the party bringing the action must prove their case

role of the judge

to provide an independent and impartial assessment of the facts and how the law applies to them

role of the jury

to decide, based on the facts presented, the outcome of a case

jury questionnaire

a document sent to a jury pool to collect information about potential jurors prior to trial

qualities of individuals who are disqualified

- prisoner

- serving a CCO

qualities of individuals who are ineligible

- police officers

- lawyers

qualities of individuals who are excused

- pregnant

- medical conditions

challenging jurors

the prosecution and defence's right to challenge the selection of jurors

Why challenge jurors?

to ensure an impartial jury and a fair trial, allowing parties to remove jurors they believe may not be fair or may negatively impact the trial

the standard of proof in a criminal case

beyond a reasonable doubt

the standard of proof in a civil case

on the balance of probabilities

the burden of proof in a criminal case

the prosecution carries it

the burden of proof in a civil case

the plaintiff carries it

Distinguish between an oath and affirmation

an oath is a verbal promise to tell the truth religiously, whereas an affirmation is a verbal and solemn declaration made in place of an oath

What year was Pentridge opened?

1851

writ

a formal written order issued by a court to an individual, directing them to take a specific action

What document needs to be lodged to start a civil proceeding?

a writ needs to be lodged

examples of remedies for a civil claim (MIS)

- monetary compensation

- injunctions

- specific performance of a contract

examples of remedies for a criminal case (FIC)

- fines

- imprisonment

- CCO

common law

laws made by judges in court decisions

statute law

laws made by parliament

precedent

a principle developed through court decisions, establishing a point of law, where lower courts must follow, providing consistency and predictability in the system

binding precedent

a precedent from a higher court that must be followed by lower courts, based on legal reasoning of a past case

persuasive precedent

a precedent that a court does not have to follow but can influence its decision

heard summarily

being heard in the Magistrates' Court

purpose of cases being heard summarily

to expedite the legal process and offer lower penalties

Why is bail important?

upholds the rights of the accused and supports the presumption of innocence

presumption of innocence

innocent until proven guilty

appeal

a formal request to a higher court to review a decision made by a lower court

How many jurors sit on a criminal jury?

12 jurors

How many jurors sit on a civil jury?

6 jurors

What does beyond a reasonable doubt mean?

the prosecution must prove the defendant's guilt to a very high degree, leaving no reasonable doubt in the judge and jury's minds

What does on the balance of probabilities mean?

a fact is considered proven if it is more likely than not to be true

Why are political parties important to our democracy?

- help represent voters

- debate laws

- hold each other accountable