Politics and Law

Question 1

Statute Law

Answer 1

Statute law is a law created in parliament that goes through several stages until it becomes a law.
Written law passed by a body of the legislature, beginning in the HOR i(s it voted on). If it makes it through the HOR and Senate, it goes to governor-general and becomes an act of parliament

Question 2

Common Law

Answer 2

Common law are laws created by judges on a case-by-case basis

Question 3

Burden of proof

Answer 3

defendant is always presumed innocent until proven guilty

Question 4

Magistrate court

Answer 4

Lowest court in Australia. Civil: $0-75,000. Example: Trespass, Driving under influence, stealing, possession on illegal substances.

Question 5

Civil jurisdiction

Answer 5

disputes that are not criminal (divorce, suing)

Question 6

Adversarial system

Answer 6

A system where two advocates (lawyers) speak for their parties’ case for an impartial person or group of people (jury or judge) who try to determine the truth and pass judgment accordingly

Question 7

Appeal

Answer 7

The legal process to ask a higher court to review a decision by a judge in a lower court because either new evidence is found, or you believe that the judge has made a mistake.

Question 8

Prosecutor

Answer 8

assess evidence, draft charges and provide legal advice and help investigators such as the police

Question 9

District Court

Answer 9

Intermediate Courts. Civil: $75,001 - $750,000. Examples of crime cases: Assault, Robbery, Selling Illegal Substances.

Question 10

Criminal jurisdiction

Answer 10

disputes that are criminal (murder, assault, robbery)

Question 11

Judge

Answer 11

to interpret how a law applies to a particular situation

Question 12

Jury

Answer 12

make a decision about the outcome of the trial.

Question 13

Trial process

Answer 13

the opening proceeding- oath (performed by the clerk)

examination of evidence- jury, and judge

questioning of the defendant- including witnesses

and the closing arguments.

Question 14

Commenwealth courts

Answer 14

Consists of the family courts, federal court, and federal magistrate court.

Question 15

Defendant

Answer 15

a person who is the party either accused of committing a crime

Question 16

Clerk

Answer 16

A court clerk is an officer of the court whose responsibilities include maintaining records of a court. Another duty is to administer oaths to witnesses, jurors, and grand jurors

Question 17

Supreme Court

Answer 17

Civil :$750,000+.

Crime: Murder, Rape

Question 18

Indictable offence

Answer 18

More serious offences such as robbery and manslaughter. This case will often be initially heard in a Magistrates court at a committal hearing, to then be heard in either the District or Supreme Court at a later dates

Question 19

Independent judiciary

Answer 19

The judiciary is independent of the legislative and executive. No one is above the law. This involves everyone who is involved in the judicial process e.g. judge

Question 20

Summary offence

Answer 20

Less serious offences such as DUI which will be heard by a Magistrate.

Question 21

Trial by media

Answer 21

Journalists attend court proceedings when they are seen to be in the public interest. The media’s role is to hold people in power to account, and to report and explain stories of interest and concern to the public. This will often include coverage of court cases

Question 22

coronial inquest

Answer 22

investigation of the recent crime