courts and civil law

1. Verdict and Sanction in District or Supreme (General Division) Courts

·        Verdict: In a criminal trial in the District Court or Supreme Court (General Division), the jury determines whether the accused is guilty or not guilty.

·        Sanction: If the accused is found guilty, the judge determines the appropriate sentence (sanction).

2. Three Examples of Crimes Heard in the Magistrates’ Court

·        Shoplifting (petty theft)

·        Driving under the influence (DUI)

·        Common assault (minor physical altercations)

3. Reason for Lodging an Appeal Against a Magistrate’s Decision

A person may appeal if they believe the magistrate made an error in law or fact, such as misinterpreting the evidence or handing down an excessively harsh sentence.

4. Role of the Family Court in Western Australia

The Family Court of Western Australia deals with family law matters, including:

·        Divorce

·        Child custody and parenting arrangements

·        Property settlements and financial disputes between separated couples

·        Domestic violence restraining orders

5. Criminal or Civil Cases & the Court That Would Hear Them

Case

Criminal or Civil?

Court

a. Jack is charged with using offensive language in a public place and intends to plead guilty.

Criminal

Magistrates’ Court

b. Gemma has pleaded guilty to receiving stolen goods valued at $60,000.

Criminal

District Court (as it involves a higher-value crime)

c. Grant has pleaded not guilty to murder, claiming self-defence.

Criminal

Supreme Court (General Division) (as murder is a serious indictable offence)

d. Joshua has pleaded guilty to selling a large amount of illegal drugs.

Criminal

Supreme Court (General Division) (as serious drug offences are heard in higher courts)

e. Ashley has pleaded guilty to a speeding offence (80 km/h in a 40 km/h school zone).

Criminal

Magistrates’ Court (as traffic offences are summary offences)

f. Petra is suing a hospital for negligence after a botched knee operation.

Civil

District Court or Supreme Court (General Division) (depending on the compensation amount and complexity of the case)

g. Ross has pleaded guilty to culpable driving causing death while under the influence of alcohol.

Criminal

Supreme Court (General Division) (as culpable driving causing death is a serious indictable offence)

h. Veda is suing a café for $80,000 after suffering stomach injuries.

Civil

District Court (as the claim is over $75,000 but not complex enough for the Supreme Court)

1.      Definition of civil law: Private disputes between members of a community

 

2.      Definition of a plaintiff: the person that believes they are in the right

 

3.      Definition of a defendant: the person that is wrong

 

4.      List five civil laws: disputes, trespass, defamation, nuisance, property disputes, negligence

 

5.      In your own words, explain the difference between criminal and civil cases. Criminal cases end in sanctions while civil cases are resolved by remedies, criminal cases are disputes

 

6.      Definition of a remedy: How civil cases are solved e.g. compensation; money, injunctions; court orders

 

7.      List two types of civil remedies: money, court orders to apologise or prevent a building from getting demolished.

 

8.      Explain the key difference between a sanction (yesterday’s lesson on criminal laws) and a remedy. Provide one example of each to support your response. A sanction is how criminal cases are resolved e.g. by monetary fines or imprisonment. A remedy is how civil cases are resolved e.g. by compensation or injunction.

 

9.      Explain two types of civil cases. Deformation- false accusations. Negligence- failing to take proper procedures/ care of something

 

10.  Write down two Western Australian civil statutes: civil liability Act, limitation Act

 

11.   Write down two Australian civil statutes: disability discrimination Act, corporations Act

 

12.  Who bears the burden of proof in civil cases? The plaintiff

 

13.  Why do you think the burden of proof in civil cases is on the plaintiff? The plaintiff is the one who believes they were wronged so they have to provide evidence on why they think the defendant is guilty.

 

14.  What is the standard of proof in civil cases? In civil cases, the standard of proof is "the balance of probabilities," meaning that the plaintiff must prove their claim is more likely to be true than not

 

15.  What is the difference between the standard of proof in civil cases and criminal cases? Do you think this is fair? Civil cases have a lower standard of proof compared to criminal cases where "beyond a reasonable doubt".

 

16.  Who determines the outcome of civil cases? The judge

 

17.  Look up a definition for the below words:

a.       Trespass

 

b.      Bankruptcy

 

c.       Nuisance