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.
