glossary

Question 1

Appellate jurisdiction

Answer 1

to hear a case on appeal not the first time being heard
Bail

Question 2

Balance of Probabilities

Answer 2

is a term used in civil law which means the court is required to make a decision based on the likelihood that the defendant did in fact infringe on the individuals rights

Question 3

Beyond Reasonable Doubt-

Answer 3

the prosecution needs to convince the jury that there is no other reasonable explanation for what occurred other than the guilt of the person charged

Question 4

• Describe the establishment of the civil tort of negligence through key cases.

Answer 4

the basic principle is that a person owes a duty of care to another if the person can reasonably be expected to have foreseen that if they did not take care, the other would suffer personal injury or death.

Question 5

main type of civil case

Answer 5

neglience action - where an individual claims they have suffered injury due to another persons failure to take resasonable care when there is a responsibility to do so.

Question 6

actus rea and mens rea

Answer 6

Mens rea is the mental state or intention of the person committing the crime.
Actus reus is the actual physical act being commited.

Question 7

burden of proof

Answer 7

A
burden of proof is on the prosecutor and they must prove that the defendant committed the crime for which he is charged.

Question 8

Explain how the use of legal representatives or lawyers can ensure a fair trial

Answer 8

ensures that the judge or jury who you are presented in front of is independent.
They cannot be under the control of the government or police and they cant have any person connection to the case

Question 9

Name two aspects a judge should demonstrate to help ensure a fair and unbiased trial.

Answer 9

independent court: the court must be ‘competent, independent, and impartial’.
The trial should be held in public, and the decision should be made in public as well.

Question 10

Describe how the Australian legal system maintains an independent judiciary or court system

Answer 10

The courts are separate from the elected parliament and government and the judges and magistrates are free to make decisions with being influenced by these bodies. The independent judiciary is important because it means no one is above the law.

Question 11

how can courts make law

Answer 11

Setting Precedent: When they are called upon to resolve a dispute in which there is no existing law that can be applied to resolve the dispute at hand.
Statutory interpretation: When a judge is called to resolve a dispute in which there is existing legislation but the wording of the legislation is unclear.