assessment revision

Question 1

what is the role of the magistrates/judge

Answer 1

determines the facts of the case, apply the law to the facts and determine the outcome once a decision as to guilty or not guilty in a criminal case, or liability in a civil case.

Question 2

what is the role of the judges associate?

Answer 2

A judge’s associate performs duties to assist the County Court judge in both the court and the office.They prepare documentation, complete paperwork, take verdicts, keep a record of court proceedings etc.

Question 3

what is the role of the prosecution?

Answer 3

responsible for presenting a case that an alleged offender has committed, by providing evidence that they are guilty.

Question 4

what is the role of the defence counsel?

Answer 4

In court, the person who represents the accused. They represent the person charged with the crime and argue their case.

Question 5

what is the role of the witnesses?

Answer 5

A witness is someone who knows relevant information about a crime. They assist in the clarification of events by sharing everything they know with the judge or jury.

Question 6

what is the supreme court?

Answer 6

highest court in Australia that hears the most serious indictable criminal cases such as murder and manslaughter.

Question 7

what is the county court?

Answer 7

second highest court in Australia, deals with cases like assault, sexual assault, theft, trespassing etc.

Question 8

what is the magistrates court?

Answer 8

the state court that would hear less serious or summary offences such as traffic offences

Question 9

what is criminal law?

Answer 9

a system of law concerned with the punishment of offenders.

Question 10

what is civil law?

Answer 10

concerned with the protection by the law of the private rights of the individual.

Question 11

what are summary offences?

Answer 11

minor offences heard by a magistrate eg. dangerous driving

Question 12

what is an indictable offence?

Answer 12

serious offences that are heard before a judge and jury eg. assault

Question 13

what is the role of the accused?

Answer 13

a person against whom either a criminal or civil matter is taken to court; someone charged with a criminal offence in a court.

Question 14

what is the role of the plaintiff?

Answer 14

the individual or organisation applying to the court and bringing the matter to court.

Question 15

what is the role of the victim?

Answer 15

a victim has been personally harmed as a result of an offender’s activities.

Question 16

what is the high court?

Answer 16

The court hears cases involving interpretation of the Australian Constitution, which hears cases involving contract, company law, copyright, tax law etc.

Question 17

what is the role of the jury?

Answer 17

the role is to decide if the defendant is guilty or not guilty beyond reasonable doubt.

Question 18

what is a remedy?

Answer 18

the outcome of a civil case aimed at restoring the injured party to their original position.

Question 19

how do you start a ‘distinguish’ question?

Answer 19

“The difference between…”

Question 20

how do you write a ‘compare’ question?

Answer 20

similarities and differences between the two subjects

Question 21

what cases are heard in magistrates court?

Answer 21

traffic offences, property damage, offensive behaviour

Question 22

what cases are heard in county court?

Answer 22

the county court hears indictable offences except for the most serious ones. These could be cases like assault and trespassing.

Question 23

what cases are heard in the high court?

Answer 23

insurance, family law, contract, copyright etc

Question 24

what cases are heard in the Supreme Court?

Answer 24

the most serious indictable offences such as murder and manslaughter.

Question 25

what is jurisdiction?

Answer 25

the power of the court to hear certain cases.