Law & Citizens Case Study: Criminal and Civil Flashcards
What are laws?
Laws are legal rules made by official law making bodies such as courts, parliaments and local councils that apply to all members of a society.
What are non-legal rules?
Non-legal rules or regulations are imposed upon members of a specific group. Such as school rules or family rules
Criminal Law
Concerned around cases in which a person has committed an offence against the wellbeing of the community. Such as murder or arson.
Civil Law
Concerned with cases in which there is a dispute between 2 private individuals. They could be a person or a business. Such as property or divorce.
Victoria state courts
The hierarchy includes the Magistrates court, County court and Supreme court. There are also specialists courts such as Children’s court, Koori court and Coroners court
The Magistrates Court
Hears relatively minor cases.
Criminal jurisdiction of Magistrates Court
- Hears and determines all minor and summary offences and occasional indictable offences
- Cases include property damage and offensive behaviour
- Comital hearing is held whether there is any evidence to support the matter
Civil jurisdictions of Magistrates Court
- Deals with most disputes over money up to the value of $100,000
- juries are not used nor is there a judge
- Includes claims of depts, breach of contract, damage of property, and claims for compensation for workplace injuries.
The County Court
Has both a criminal and a civil jurisdiction. It also has the power to hear appeals from the magistrates court
Criminal jurisdiction of County Court
- More serious matters such as culpable driving causing death, armed robbery, but not all the serious offences such as murder
- Has a judge and jury, has to decide the guilt or innocence of a defendant
Civil jurisdictions of County Court
- Hears civil cases including unlimited amounts of money
- In civil matters, a jury will be used if one of the parties request it
The Supreme Court
The supreme Court is divided into a trial division and a court of appeal. It’s the highest victorian court and the decision of the supreme court can only be reviewed by the high court of Australia
Criminal jurisdiction of Supreme Court
- Hears the most serious criminal cases such as murder and attempted murder
Civil jurisdiction of Supreme Court
- Of the trial division includes civil actions for unlimited amounts of money or involving complex legal issues.
The Children’s Court
Is a special court established to deal with matters relating young persons. There are two divisions: A criminal division and a family division.
The criminal division hears cases where the defendant aged between 10 and 17 years when they committed the crime and under the age of 19 on the date of the trial. Deals with all charges except anything dealing with murder
The High Court
Is the highest authority on the interpretation and application of Australian Laws.
As the high court plays an important role in the interpretation of the meaning of the words and phrases in the Australian constitution, it is often regarded as the guardian of the constitution.
Judge
Role to determine the facts in the case, apply the law to the facts and determine the outcome once a decision to guilt or innocence in a criminal case, or liability in a civil case is stated.
Jury
Is a group of ordinary citizens selected from the community to decide if the defendant is guilty or not guilty beyond reasonable doubt.
They do not make decisions about sentences in criminal cases.
Legal Representative
Lawyers are responsible for providing legal representation in cases before the county court.
Legal representation is legal advice for a person going through the court system.
Parties in a criminal case
Accused and Prosecution
Accused
A person who has been charged with a criminal offence
Prosecution
Has to prove the accused guilty with the evidence they bring to court
Parties in a civil case
Plaintiff/Claimant and Defendant
Plaintiff
Is a person who brings a civil action against another person or entity
