Law and citizens

Question 1

Legal rules

Answer 1

Apply to all members of society and include criminal + civil laws.

Question 2

Non-legale rules

Answer 2

Apply to a group or organisation but not to society as a whole. Don’t have the force of law.

Question 3

Why laws are important

Answer 3

• Establish a sense of boundaries of acceptable behaviour.
• End goal = for individuals to trust each other.
• Maintain social cohesion.

Question 4

Principles of our legal system

Question 5

Types of law

Answer 5

Criminal and civil

Question 6

Criminal law

Answer 6

• In which a person has committed an offence against the wellbeing of the community.
• Eg. treason, murder, theft, traffic offences).

Question 7

Summary offences

Answer 7

Less serious//minor offences heard by a magistrate.

Question 8

Indictable offences

Answer 8

Serious offences that are heard before a judge + jury.

Question 9

Civil law

Answer 9

• In which there is a dispute between two private individuals
• Eg. law of torts, contracts, divorce, ownership of property).

Question 10

Negligence

Answer 10

Failing to adequate care so that your acts or omissions do not adversely affect another person.

Question 11

Defamation

Answer 11

Harming a person’s reputation.

Question 12

Magistrates court of Victoria
- original jurisdiction

Answer 12

• Criminal - hears relatively minor cases (summary offences).
• Civil - up to $100,000.

Question 13

Koori court

Answer 13

For Aboriginal and Torres Strait Islanders who have taken responsibility + pleaded guilty to a criminal offence.

Question 14

Children’s court

Answer 14

Hears all offences committed by children aged between 10-17, except for certain types such as homicidal.

Question 15

Coroner’s court

Answer 15

To investigate sudden, unexpected, and un-natural deaths to determine the cause.

Question 16

County court
- original jurisdiction

Answer 16

Criminal - indictable offences other than most serious (inc. culpable driving, armed robbery).
Civil - unlimited amounts of money.

Question 17

County court
- appellate jurisdiction

Answer 17

Criminal - hears appeals from Magistrate’s court on conviction/severity of sentence.

Question 18

Supreme court (trial division)
- original jursidiction

Answer 18

Criminal - most serious indictable offences (inc. murder, manslaughter, child homicide).
Civil - unlimited amounts of money involving complex legal issues.

Question 19

Supreme court (trial division)
- appellate jurisdiction

Answer 19

Criminal - hears appeals from Magistrate’s court on point of law.
Civil - unlimited amounts involving complex legal issues.

Question 20

Supreme court (of appeal)
- original jurisdiction

Answer 20

None

Question 21

Supreme court (of appeal)
- appellate jurisdiction

Answer 21

Criminal - appeals from county court + supreme court trial division on conviction, sentence, and point of law.
Civil - appeals from county court + supreme court trial division on liability and remedy.

Question 22

High court of Australia
- original jurisdiction

Answer 22

Criminal - none
Civil - hears disputes between states where the commonwealth is a party and involves the Constitution.

Question 23

High court of Australia
- appellate jurisdiction

Answer 23

Criminal - must be granted leave to appeal from a state Supreme Court of Appeal.
Civil - hears disputes between states where the commonwealth is a party and involves the constitution.

Question 23

High court of Australia
- appellate jurisdiction

Answer 23

Criminal - must be granted leave to appeal from a state Supreme Court of Appeal.
Civil - hears disputes between states where the commonwealth is a party and involves the constitution.

Question 24

High court of Australia - appellate jurisdiction

Answer 24

Criminal - must be granted leave to appeal from a state Supreme Court of Appeal. Civil - hears disputes between states where the commonwealth is a party and involves the constitution.

Question 24

High court of Australia - appellate jurisdiction

Answer 24

Criminal - must be granted leave to appeal from a state Supreme Court of Appeal. Civil - hears disputes between states where the commonwealth is a party and involves the constitution.

Question 25

Accused

Answer 25

The person who has been charged with a criminal offence.

Question 26

Prosecuted

Answer 26

The party responsible for presenting the case against the accused (typically represents the state or government).

Question 27

Plaintiff

Answer 27

Person who brings a civil action against another person or entity.

Question 28

Defendant

Answer 28

Person accused.

Question 29

Judge

Answer 29

An official who is appointed to conduct court proceedings and, when relevant, directs jury about the law that applies.

Question 30

Jury

Answer 30

Group of randomly decided citizens who together decide the outcomes of particular cases.

Question 31

Witness

Answer 31

Someone called to give evidence in court which the judge can use to make a final decision.