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Commerce Yr 10 > Law, society & political involvment > Flashcards

Law, society & political involvment Flashcards

1
Q

Order of Court Hierarchy (L-H)

A

Local, district, supreme, high

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2
Q

Who is the local court overseen by? (decides verdict)

A

Magistrate

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3
Q

Who decides the verdict in the district and supreme court?

A

Judge or jury

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4
Q

Who decides the verdict in the high court?

A

3-7 judges depending on the case

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5
Q

What are the three distinct courts that fall under the local court?

A

Drug, children and coroners

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6
Q

Are there any other countries in the world with the same legal system?

A

No

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7
Q

The seriousness of an offence decides what court the case goes to, true or false

A

true

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8
Q

Define Judicial discretion

A

The judge uses his discretion to make decisions on a case (experience, knowledge, past cases and common sense)

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9
Q

What is the role of the Cheif of Justice?

A

the person who is in charge and oversees cases in the high court

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10
Q

What is an appeal?

A

If an individual is unhappy with the result of their case or if anybody apart of that case makes a mistake they are able to appeal their case to take it to a higher court

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11
Q

Why are trials/court cases disliked?

A

They are expensive

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12
Q

Is the local court the top or bottom of the court hierarchy?

A

bottom

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13
Q

What is a magistrates max sentance they are able to hand out?

A

2-5 Years

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14
Q

Examples of civil cases for the local court

A

Sueing for property damage or personal injury

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15
Q

Examples of criminal cases in the local court

A

Stealing, drink driving, assult, possesion of drugs

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16
Q

Where is the district court located on the court hireachy?

A

in the middle of the hireachy

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17
Q

Who hears cases in the district court and decideds a verdict?

A

Judge or Jury

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18
Q

Civil cases heard in the District court are serious, how much money can they be sueing for?

A

$750,000

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19
Q

Example of a civil case in the district court

A

Motor veichal accident

20
Q

Criminal cases heard in the district court can include

A

armed robbery or man slaughter

21
Q

What position is the supreme court in the court hireachy?

A

The supreme court is the highest court in NSW, state courts can not get higher then the supreme court, the only cases that go beyond the supreme court are cases that effect the whole country and so they go to the federal court, mainly known as the high court.

22
Q

The supreme court deals with the most serious criminal cases, what are these offences known as and what are some examples are…

A

Murder, treason, serious assult, sexual assult and some times manslaughter (Indictable offences)

23
Q

The supreme court hears civils case above what amount of money?

A

$750,000

24
Q

Who is the head of the supreme court?

A

The cheif of justice

25
Q

Some cases are heard by a jury in the supreme court but most are heard by a judge. Why?

A

because of public awarness, if the cases is publised in the media it can cause a biest opinion in the jury, which will sometimes lead to an un fair verdict.

26
Q

What courts can hear appeals?

A

District, supreme and high court

27
Q

Exampels of civil cases in the supreme court

A

Damage claims like personal injury or defimation

28
Q

Where is the High court in the court hireachy?

A

It is the highest court in Australia dealing with federal matter that effect the entire country or the constitution

29
Q

True or false, the high court hears appeals from the supreme court

A

True

30
Q

True or false, the high court is the highest court in Australia and so its decisions are final and all other courts must obey the high court and mimic its decisions and actions.

A

true

31
Q

How many judges are in the high court and what are there roles?

A

there is no jury in the high court and so the cases are looked over and decided upon by 3 to 7 judges. One of which is the cheif of justice and has the majority of control over the court room. Then the other judges are known as justices. The group of justices and the cheif of justic come to a verdict and decided the outcome of the case.

32
Q

What is the coroners court?

A

A court that investiagtes deaths of people thatb was unatural but is still unknown to the cause of death, They also investigate the origins or fires or explosives.

33
Q

What does the coroners court investigate to determine a cause of death?

A

Identity, date of death, circumstances and cause of death

34
Q

Who are the main courtroom officals?

A

Magistrates, judges, jurors, prosecutor, council for defence

35
Q

Who are jurors?

A

members of the jury

36
Q

Who is the counsel of defence?

A

Supports the defendant (The accused) either telling them to plee or not so they can have their sentence lowered.

37
Q

Who is a plantiff?

A

The accused in a civil case

38
Q

Who is a defendant?

A

The accused in a criminal case

39
Q

What is the separation of powers?

A

Describes the way in which the law gives power to the arms of government in Australia. It ensures the government remains fair and accountable. Ensures we remain a democratic society.

40
Q

What are balances?

A

Balances are to make sure there is a balance between the three arms of government and one doesn’t have more power then the other

41
Q

What are checks?

A

checks are mechanisms that allow each arm of government to review of override one arms actions to ensure the power remains balanced.

42
Q

What are the three arms’s of government?

A

Legislative (Make& change laws, house of parliament and reps) Executive/Administrative (Government departments and administer the laws) Judicial (The judges and courts who interpret the law, and punish those who don’t follow it)

43
Q

What are the division of powers?

A

how law-making powers are divided between the federal parliament and the states and territories parliaments.

44
Q

What laws do the federal government have power over in section 51 of the constitution?

A

Trade, Marriage, Housing, immigration and much more

45
Q

What laws do the state governments have control over?

A

Education, transport, health, agriculture and a lot more.

Commerce Yr 10 (2 decks)

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