legal revision Flashcards
what are summary offences?
Summary offences are dealt with in the Magistrates Court, it is an offence which is resolved without a jury or indictment. It is a “less serious” offence compared to indictable offences.
what are indictable offences?
Indictable offences are more serious and carry higher maximum penalties. They are generally dealt with by the County Court or the Supreme Court.
what is the burden of proof
a legal standard that requires parties to provide evidence to demonstrate that a claim is valid/that an individual is guilty
what are the different courts?
the state Supreme Court, the District Court (called County Court in Victoria) and the Local Court.
what are the different jurisdictions?
either federal jurisdiction or state or territory jurisdiction. Federal jurisdiction is the authority to exercise the judicial power of the Commonwealth. State or territory jurisdiction is the authority to exercise the judicial power of a State or Territory.
what are the different roles in a court?
defence- the party that seeks to defend the accused in court, and has a barrister that speaks on behalf of the accused, plus a solicitor to aid them.
prosecution- presents its entire case first before the defence presents its case. The prosecution presents its case by calling witnesses to give evidence in response to questions by the prosecution, has the job of proving the accused is guilty.
jury- decides the facts in the case, and decides whether the accused person is guilty or not guilty.
judge- lead court proceedings, use established laws and guidance to determine sentencing, and basically run the court
what is a criminal case
a case to decide whether a person who has been charged is guilty of a crime or other offence, and the punishment can be imprisonment, fines, or community service
what is a civil case
a claim, usually made for a sum of money owed, or for claims of damage, and the remedy is usually financial compensation or a specific action, such as returning property.
what groups are disadvantaged in the court system?
homeless people, young people, the mentally ill and indigenous Australians
