Australias Court system

Question 1

Local court?

Answer 1

Magistrate
No jury
Deals with minor civil dispute
Deals with summary offences (minor criminal matters) and committal hearings for indictable offences (serious criminal matters)
Hears bail application
Issues arrest warrant and search warrants
Hears applications for Apprehended Violence Orders (AVOs)

Question 2

District court?

Answer 2

Hears appeals from the Local Court
Cases are heard by judges
Deals with more serious civil cases and all motor vehicle accident cases
Deals with serious criminal matters (e.g armed robbery, manslaughter).
Deals with more serious civil cases for claims over $100000 up to $750000
Jury decides the verdict and judge decides the sentence

Question 3

supreme court?

Answer 3

Deals with the most criminal cases (e.g murder) and civil cases.
Deals with civil cases involving more than $750000
Hears appeals from the district court
Jury decides the verdict and the judge decides the sentence.

Question 4

High court?

Answer 4

Hears appeals from lower courts
Hears cases concerning the interpretation of the Constitution
The highest court in Australia, so its decisions are final.
The most important cases are heard by 7 justices, while other have at least 2 justices
No jury

Question 5

Children’s court?

Answer 5

Cases involving the care and protection of children and young people
Deals with criminal matters where the offender was under 18
Closed to the public and the media

Question 6

Coroner’s court?

Answer 6

Investigates suspicious deaths in order to determine the identity of the deceased and the date, place, circumstances and medical cause of death
Investigates the cause and origin of fires or explosions.

Question 7

Drug court?

Answer 7

A specialist court for offenders who are caught up in the cycle of drug use and crime
The offender has to take regular drug tests and make regular visits to the courts to report on their progress.

Question 8

Family court?

Answer 8

Assists Australians to resolve more complex family law matters such as divorce, parenting disputes and the division of property when couples separate.
Only grounds needed for divorce is that the marriage has irretrievably broken down. This is demonstrated by the couple being separated for over 12 months.

Question 9

What is a magistrate?

Answer 9

A magistrate is in charge of the Local Court, where the atmosphere is much more informal. He or she is a qualified legal practitioner but does not wear a wig or robe.
After hearing the case presented by both sides, the magistrate decides whether a person is guilty or not guilty.
If people are found guilty, the magistrate decides the punishment or in civil cases, fines.
A magistrate will refer very serious criminal offences to a higher court.

Question 10

Define the term “Guilty until proven innocent”

Answer 10

potentially dangerous people are off the streets
As long as you are suspected to be the perpetrator, there is a likely chance that you could be dangerous. E.g there have to be reasons that people are suspected for murder and that might be because they are previously aggressive or have a tendency to hurt people
The final sentencing of a big case can take many years and in that time dangerous people like serial killers are still roaming.
Although people might say innocent people are then convicted until they are proven, it is harder to convict someone than to prove someone is innocent which means that innocent people will be convicted for a much shorter amount of time than a guilty person is free.
The impacts of a dangerous person being free is worse than the impacts of a suspect being falsely convicted. There must be a reasonable argument for someone to be suspect whether that is because they were at the scene of a murder or had a murder knife, making them potentially dangerous.

Question 11

What does the Jury do?

Answer 11

In criminal trials, a jury hears evidence, applies the law as directed by the judge, and decides if a person is guilty or not guilty of a crime, based on the facts. A jury does not participate in the sentencing process.

Question 12

Who is the prosecutor?

Answer 12

Their role is to assist the court and the jury to arrive at the truth and to do justice between the community and the accused. They are required to lay before a jury all the credible evidence considered relevant to what is alleged to be a crime. Their role excludes any notion of winning or losing.

Question 13

what does the judge do in australia?

Answer 13

The judge provides an independent and impartial assessment of the facts and how the law applies to those facts. Their role is to interpret the law, assess the evidence and control how hearings and trials are conducted.

Question 14

What does the judges associate do

Answer 14

ensuring the effective and efficient conduct of the Judge’s court, including arraignments, jury empanelling and taking of verdicts in criminal trials, listing matters, custody of court files and recording orders. travelling with the Judge on circuit and other court business.

Question 15

What is the witness box?

Answer 15

the place in a court where a witness stands to give evidence.

Question 16

Tipstaff?

Answer 16

A tipstaff or second associate sits next to the judge’s associate. They are responsible for opening and closing courtroom proceedings, swearing in witnesses, and looking after the jury.

Question 17

What is common law?

Answer 17

Common law is a system of law based on the previous decision of judges (precedents).
Common law is made when a judge has to decide on a case where there is no existing law that regulates it.
Precedents help the legal system achieve fairness and justice as similar cases are dealt with in the same way.
Statutory interpretation: courts also make laws when they interpret (decide the meaning of) words in a law made by Parliament (statute law).

Question 18

Difference between public law vs Private law

Answer 18

Private law deals with disputes between private citizens
Public Law deals with disputes that affect the community

Question 19

Examples of Public law

Answer 19

Administrative law; deals with the decisions and powers of these government departments. This law allows courts to review and change the decisions of the government if necessary.
Constitutional law; this set of laws deals with the rules by which a country is governed. It is concerned with the powers and authority of parliament; the rights of each citizen; the powers between the federal and state governments
Criminal law; are needed to keep the community safe from harm, to provide for an orderly society and to provide a way of dealing with a crime when it occurs. Offenders will be punished if they choose to put people and property at risk.
Industrial law; this law is concerned with the rights and obligations of employers and employees. Much of the law deals with the legal way of resolving industrial disputes, workers’ compensation, occupational health and safety, and discrimination in the workforce.

Question 20

example of private law

Answer 20

Contract law; this set of laws is concerned with legal agreements between two or more people. If one party fails to carry out his or her side of the agreement, that person can be sued for breach of contract
Family law; this law regulates family relationships. It sets out rules about the process of getting married; who can get married; de facto relationships (when you and your partner have a relationship and live together as a couple but are not married); divorce; custody and other aspects involving family members.
Property law; this law recognises two broad types of property; real property (land and buildings) and personal property (goods and services we purchase). Specifically, property law provides regulations about the sale, leasing and hiring the property.
Tort law; the law of tort deals with situations when one person infringes the rights of another, resulting in distress or injury; for example the mental distress caused by being bullied. The person injured may claim financial compensation from the other party for any loss suffered.

Question 21

What is criminal law

Answer 21

From 10 years of age, a person can be prosecuted for committing an offence - this is the age of criminal responsibility when the offender knows the difference between right and wrong.
Indictable offences (serious crimes) such as armed robbery, homicide, child abuse, murder and sexual assault are heard in the District and Supreme Courts. The guilt of the defendant is deterred by a jury and the punishment is decided by the judge.
Summary offences (less serious crimes) such as minor assaults, petty theft, vandalism and traffic infringement are heard in the Local Court. The guilt of the defendant is determined by a magistrate.

Question 22

Civil law?

Answer 22

Civil law gives the person whose rights have been infringed (the plaintiff) the ability to initiate action to sue the wrongdoer (the defendant).
The two main areas of civil law are the law of tort and contract law.
Where a civil wrong is successfully proven in court, the wronged party will seek damages (money) in compensation.
Sometimes the judge decides that the plaintiff is in the wrong and can order him or her to pay the defendant’s costs. Alternatively, the judge can look at contributory factors in the case.

Question 23

WHat is domestic law?

Answer 23

Laws made by one country and enforced by that country, e.g as Australians, we are expected to obey Australian law, e.g speed limits, parking laws, tax laws.
If you break a domestic law, you will be death with in that country’s legal system

Question 24

IWHat is international law?

Answer 24

Developed from treaties and conventions between countries
The United Nations is responsible for establishing international law and enforcing them
The International Court Of Justice and the UN Security Council assist in enforcing international law.
Compliance is limited by state sovereignty (the legal authority and responsibility of an independent state to govern and regulate its political affairs without foreign interference).
Cannot force a state to comply to international law (disadvantage of state sovereignty)