Year 10 Humanities - Civics and Citizenship Unit 1 T2 Exam Revision

What are laws?

Rules that regulate our behaviour, made by

official law-making bodies.

Who can make laws?

In Australia, laws can only be made by one of two official law-making bodies - the parliament or the courts.

What are laws made by parliament called and what are they

Statute laws are made by parliament when a majority of members in both houses votes in favour for a bill. They are written down and accessible for anyone to read

What are laws made by courts called and what are they

These are called common law and are not written down but formed through decisions judges make in court cases as they interpret the meaning of statue laws or statutory interpretation.

What is doctrine of precedent

When judges make a decision in a case it becomes a rule that judges in future cases must follow.

What are two broad categories of law

Criminal and civil law

What is civil law

Law which sets guidelines about how individuals and organisations should act towards each other

What is criminal law

Law that aims to protect society by making certain harmful actions as crimes

What is a prosecution lawyer

A prosecution lawyer is a government-appointed lawyer who initiates criminal cases against accused people.

What is the prosecution

The legal party that brings criminal charges against a person or organization accused of breaking the law

How are criminal cases written

• DPP (first party named is prosecution usually represented by the police or the department of public prosecutions)

• v (v stands for latin word versus/against)

• Brown (accused last name)

DPP v Brown

What is the court hierarchy and what order is it in

Courts are ordered from most to least superior:

- High Court of Australia (Federal Court)

- Supreme Court of Victoria

- County Court of Victoria

- Magistrates court of Victoria

What cases go to the Magistrates court

Less serious cases such as driving offences, oublic order offences

What cases go to the County court

More serious than Magistrates but not as serious as the Supreme Court, crimes such as robbery, assault and drug offences are sent here

What cases go to the Supreme Court

The most serious cases such as murder or manslaughter

What are rights of the accused

Presumption of innocence: Accused must be proven guilty beyond reasonable doubt

Right to appeal their verdict

Right to a trial by jury

What does Magistrates court use that county and supreme courts do not and what do they do

Magistrate courts use a single magistrate

What do Supreme and County courts use that Magistrates courts doesn't

Judges and Juries

What is the role of a Judge

Judge oversees the courtroom and ensures that the process is fair, gives instructions to the jury and will decide on a sanction(criminal penalty)

What is the role of the Jury

The jury is a group of 12 randomly selected individuals who determine the guilt of the accused by making a unanimous decision.

What is the parties

The parties in a criminal case are the accused and the prosecution.

Who has the burden of proof and what is it?

The prosecution has the burden of proof: the responsibility for proving that the accused is guilty.

What is the constitution

The constitution is a set of rules and principles that establish the nature, functions and limits of government.

What is the main role of the High court

The High Court is Australia's most powerful court

This means it is the final point of appeal for legal cases anywhere in Australia.

One of the main roles of the High Court is to interpret the meaning of the words of the Constitution.

If parliament passes a law that violates the Constitution, the High Court can rule the law to be invalid or as if it never existed

What are express rights

Rights explicitly stated in the wording of the Constitution

What are implied rights

Rights that are not explicitly stated but interpreted to exist through court rulings by the High Court

What are 4 examples of express rights

• The right to freedom of religion

• The right to free interstate trade and commerce

• The right to receive fair compensation if your property is taken by the government,

• The right to trial by jury for serious offences

• The right not to be discriminated against on the basis of the state where you reside.

(These mean they limit government powers, the government can't force u to follow a religion, can't force you to not take trial by jury or can't force you to be discriminated on the basis of the state u reside in)

What is an example of an implied right

A right to vote, and a right to communicate freely about political issues

What is free political communication

Freedom of political communication, which allows us to discuss political issues freely so we can be informed citizens and participate in democracy.

What is international law

Law which governs the way countries interact with each other, and sets out obligations for countries to follow. (This is because of state sovereignty: each country is entitled to make its own rules and decisions without interference from other countries.)

Define treaty

A treaty (sometimes known as a Convention) is an agreement between two or more countries. International laws are formed by countries making treaties with each other.

Countries are bound to an intentional treaty if...?

Signed the treaty: indicated they intend to be bound

Ratified the treaty: enacted laws in their own country

that reflect the treaty obligations.

What does ICCPR stand for and what is it?

International Covenant on Civil and Political Rights

Civil and political rights are rights which protect individual freedoms and ensure people are able to

participate in the political life of society.

What are the rights to a fair trial set by the ICCPR

• The presumption of innocence

• An independent and impartial judiciary

• The right to appeal (have your case reviewed by a higher court)

• The right to silence

• Time and resources to prepare a defence

• An opportunity to defend yourself and present your case

Rights of indigenous peoples

• The right to self-determination;

• The right to life and to be protected from genocide (including child removal)

• The right to be protected from discrimination;

• The right to cultural, religious, spiritual and linguistic identity;

• The right to education

• The right to participate in society;

• The right to use, live on and maintain a cultural connection to their own lands.