Year 7 Civics and Citizenships

Criminal Law

A body of law concerned with the punishment of those who commit crimes in order to protect society.

Civil Law

A system of law concerned with resolving disputes between two parties.

Statute Law

Laws created by Parliament through passing Bills through the two Houses, and receiving Royal Assent from the Governor General.

Common Law

Laws created by the Courts through the use of Precedent.

Doctrine of Precedent

The common law belief that Judges must use the decisions of previous cases with similar facts when deciding current cases.

Plaintiff

The name of the party who initiates a Civil legal claim.

Prosecution

The name of the party that brings criminal charges against a defendant in Criminal cases.

Defendant

The name of the party defending against a civil claim or criminal charge.

Burden of Proof

The obligation of the Prosecution or Plaintiff to provide enough evidence to support their claim and prove a Defendant to be guilty.

Standard of Proof

The amount of evidence required to convict a Defendant of an alleged offence/wrongdoing.

Balance of Probabilities

The standard of proof required in civil trials which suggests that the Defendant was more likely than not to have committed the wrongdoing.

Beyond Reasonable Doubt

The standard of proof required in criminal trials which suggests there is little doubt about the Defendant's guilt in the crime.

High Court of Australia

The highest court in Australia that has original and appellate Jurisdiction.

Donoghue v Stevenson

yes

Rule of Law

The belief that no one is above the law, and that the laws reflect the values of society.

Appeals

The process by which a party in a trial requests a higher court to review the decision of a lower court.

Court Jurisdiction

The area in which a Court has the power to make law and legal decisions over.

Criminal Punishment

Fines, imprisonment, or community service are all examples of?

Civil Remedy

Compensation and Injunctions are examples of?

Natural Justice

The belief that individuals should be treated in the legal system through having the opportunity to state their case, be aware of the charges against them, and have an impartial adjudication of their case.

Magistrate's Court

Which court hears civil disputes where damages claimed are up to $75,000?

Magistrate's Court

Which court usually hears summary criminal cases with a maximum penalty of 3 years? (e.g. petty theft)

District Court

Which court hears civil disputes where damages claimed are between $75,000-$750,000?

District Court

Which court hears indictable criminal offences usually with a maximum penalty of 20 years? (e.g. armed robbery or assault)

Supreme Court

Which court hears civil disputes where damages claimed are over $750,000?

Supreme Court

Which court hears criminal cases on serious summary offences often with a maximum penalty of a life sentence? (e.g. murder or manslaughter)

Court Hierarchy

A system of Courts where different levels of Courts have different jurisdictions. In Australia, the lowest Court is the Magistrate's Court and the highest Court is the High Court of Australia.

Effective Legislation

Laws created that are respected by the community, are applied equally, enforceable by society, consistent and clear with other laws, and provides for appropriate punishment and sanctions.

Statute Superiority

The belief that Statute Law is superior to, and will override, Common Law if there is an inconsistency.

Judge

A person responsible for ensuring that the processes and procedures of the Court are appropriately followed.

Law

A system which a country or society recognises as regulating the actions of its members.