Law and Society (C) Flashcards
What is the adversarial system?
System in which two opposing parties present their arugements to a magistrate or judge.
What is an appeal?
Application for a legal decision to be reviewed in a higher court.
What is bail?
To release an accused person who is awaiting trial.
What is beyond reasonable doubt?
The standard of proof required in a criminal trial.
What is committal hearing?
A hearing in a Local Court to decide whether there is enough evidence to put a person on trial for an indictable (serious) offence.
What is common law?
System of law based on the previous decision of judges, or precedents.
Who is the defendant?
The party in a criminal or civil trial against whom an action has been brought.
What is double dissolution?
A decision made by the head of state to dissolve both houses of Parliament.
Who is the judge?
A court official who has the power to make decisions on matters brought before a court of law.
Who is the jury?
A group of people (either 6 or 12) selected to hear evidence in a court case.
Who is the magistrate?
A court official who hears cases in the lowest court of law.
Who is the paintiff?
The party that commences civil action.
What is a private law?
Deals with disputes between private citizens.
What is a public law?
Deals with disputes that affect the community.
What is a statute law?
Laws made by parliaments.
What are the three main roles of the law?
1) Protection
2) Freedom
3) Resolving disputes
Finish these sentences:
1) Politicians….. laws
2) Police….. laws
3) Courts….. laws
1) make
2) enforce
3) interpret
Who hears cases in the Local Court?
Magistrate (there is no jury)
What cases does the Local Court deal with?
- Minor civil disputes, e.g. where people sue other people for damage to property or for injury claims of up to $40 000- Minor crinimal matters, e.g. stealing, drink driving, assault charges.
- bail
Who hears cases in the District Court?
Judges
What cases does the District Court deal with?
- More serious civil cases for claims up to $750 000
- Armed robbery, rape, burglary
What does the Supreme Court deal with?
- Most serious civil cases involving large sums of money
- Most serious criminal cases such as murder
- Appeals from the two lower courts
What does the High Court deal with?
- Appeals from the state or territory Supreme Courts
- Cases concerning the interpretation of the Australian Constitution
What does the tipstaff do in court?
Helps the judge keep order in the court.
What is the judge addressed as in court?
Your Honour
How many people are on the jury in a criminal case?
12
How many people are on the jury in a civil case?
6
What is the role of the jury?
Help decide on a verdict in a specific case.
Who may be exempt from jury service?
Doctors and people over the age of 65 years
What is private law?
Laws that regulate people’s behaviour with other individuals.
What is public law?
Laws that regulates people’s behaviour within society as a whole.
What is civil law?
Part of private law. It deals with non- criminal matters and allows individuals to bring actions against other members of the public for a civil wron done to them, e.g. disputes between friends, business partners, consumers and retailers.
What is criminal law?
Part of public law. Criminal laws protect individuals from others doing the wrong thing. Some of the most common crimes are robbery, homocide, rape assault, theft and drug offences.
What is a constitution?
A set of rules by which a country is governed.
How does a Bill become a law?
1) Propsed new/ changed law is discussed in Cabinet
2) Government lawyers draft Bill
3) Copies of Bill given to HoP members (first reading)
4) Second Reading
5) Bill debated and changed
6) Third Reading (if Bill is passed, it moves to Senate)
7) Similar process occur in HoS
8) Royal assent
