Introduction To The Australian Legal System

Question 1

Who makes statue law?

Answer 1

Politicians in parliament

Question 2

Who makes delegated law?

Answer 2

Government departments

Question 3

Who makes common law?

Answer 3

Judges when they make decisions in court cases

Question 4

What are the two different types of law?

Answer 4

Criminal law

Civil law

Question 5

Who enforces criminal law?

Answer 5

The police

Question 6

What is the aim of criminal law?

Answer 6

To punish the person who broke the law

Question 7

In criminal law, name 4 examples of crimes against a person

Answer 7

Assault, rape, manslaughter, murder

Question 8

In criminal law, name 4 examples of crimes against property

Answer 8

Theft, vandalism, robbery, fraud

Question 9

In criminal law, name 2 examples of crimes against morality

Answer 9

Prostitution

Illegal drugs

Question 10

In criminal law, name 2 examples of traffic law

Answer 10

Speeding, drink driving

Question 11

Is civil law part of common law?

Answer 11

Yes

Question 12

What is civil law?

Answer 12

Used by individuals or companies who have a dispute with other individuals or companies - usually involves money

Question 13

What is the aim of civil law?

Answer 13

To solve the problem by restoring rights to the person who has lost them or who has suffered in some way

Question 14

In civil law, what is the person called who starts the action?

Answer 14

The plaintiff

Question 15

Give 2 examples of civil law

Answer 15

Negligence - not taking reasonable care to prevent injury or loss to another person

Defamation - attacking someone’s reputation

Question 16

Name 3 possible outcomes for criminal law

Answer 16

Prison sentence
Fines/loss of license
Warnings, good behaviour bonds, community service

Question 17

Name 3 possible outcomes for civil law

Answer 17

Compensation
Court orders (make someone do something)
Mediation (to solve dispute outside of court)

Question 18

In criminal law, who has to gather the proof and how much proof is needed?

Answer 18

The government or police.

Must be proved beyond reasonable doubt

Question 19

In civil law, who has to prove the case and how much proof is needed?

Answer 19

The plaintiff must prove their case.

They have to prove it’s more likely than not

Question 20

What 3 types of cases are heard by the Supreme Court?

Answer 20

Serious criminal cases such as murder and attempted murder
Civil canes involving large amounts of money
Appeals on decisions made in the county court

Question 21

What 3 types of cases are heard in the county court?

Answer 21

Less serious criminal cases - drug trafficking, serious assaults, rape
Civil cases which involve a substantial amount of money
Appeals against decisions made by the magistrates’ court

Question 22

What 3 types if cases are heard in the magistrates’ court?

Answer 22

Less serious criminal cases, robbery
Less serious civil cases, up to $100,000
Summary offences, traffic fines, minor assaults, property damage, offensive behaviour

Question 23

What are the 3 ways of making law in Australia?

Answer 23

Statute law
Delegated legislation
Common law