TOPIC 1 : LEGAL FOUNDATIONS

Question 1

QLD Court Hierarchy

Answer 1

Magistrates Court
District Court
Supreme Court
Court of Appeal
High Court of Australia

Question 2

Describe the concept of the Rule of Law.

Answer 2

PATS
P : rotects the fairness of
A : legal principle put in place by
T : o prevent
S : states that

The rule of law protects the fairness of society and the liberty of individuals within a society. It is a legal principle put in place by a government body to prevent tyranny and corruption. The rule of law states that nobody is above the law and everyone is held equally accountable with equal punishment.

Question 3

Describe the separation of powers doctrine in the Australian legal system.

Answer 3

DLEJ

D : ivision of government powers into three branches
L : egislative is responsible for
E : xecutives are responsible for
J : udiciary is responsible for

The separation of powers refers to the division of government powers into three branches. The legislative is responsible for creating, removing and amending the laws (e.g. the King; represented by the governor general). The Executives are responsible for enforcing the laws (e.g. police), and the judiciary is responsible for interpreting and analysing the laws (e.g. courts).

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Question 4

Describe the difference between the onus of proof and the standard of proof

Answer 4

OPSTPO

O : nus of proof describes
P : rotects the presumption of innocence (defendants right)
S : tandard of proof is the standard to which
T : he prosecutor must provide evidence
P : rotects the right to a fair trial
O : op expresses

The Onus of Proof describes the burden on the prosecutor to prove the defendant guilty. This burden protects the defendants right to the presumption of innocence. The Standard of Proof is the standard to which the Onus of Proof must be held; beyond a reasonable doubt. The prosecutor must provide evidence that when considered, creates a 95% certainty that the defendant has committed a crime. This protects the right to a fair trial, ensuring they are not wrongfully convicted. So, while the Onus of Proof expresses the burden to protect the presumption of innocence, the Standard of Proof is the standard to which the Onus must be held to guarantee a fair trial.

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Question 5

Explain concepts of just and equitable outcomes as a foundation principle of criminal law in Australia

Answer 5

F J E T H

F : oundational
J : ust outcomes
E : quitable outcomes
T : hese concepts ensure
H : elp maintain

Just and equitable outcomes are foundational legal principles of criminal law in Australia. Just outcomes consider the impact on any stakeholder and ensure there is a moral standard of fairness. Equitable outcomes are impartial and ensure that no person is treated unfairly or discriminated against. Together, these concepts ensure legal decisions are not based on convenience, but on fairness and equality. Additionally, the concepts help maintain a public trust between the Australian citizens and their government.

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