Topic 2: Law and Citizens Flashcards
Concerned with the protection by the law of the private rights of the individual
Civil Law
The lowest court in the Victorian court hierarchy. This court has the power to hear and determine a wide range of cases including all summary (minor) criminal matter and minor civil disputes for cases that do not exceed $100 000
Magistrates’ Court of Victoria
Concerned with the protection of the community as a whole and punishment of offenders.
Criminal law
The court that would hear the most serious indictable criminal cases such as murder and manslaughter and all civil disputes involving an unlimited amount of money.
Supreme Court
This court will hear cases involving interpretation of the Australian Constitution.
High Court
The role is to determine the facts of the case, apply the law to the facts and determine the outcome once a decision as to guilt or innocence in a criminal case, or liability in a civil case.
Judge
The role is to decide if the defendant is guilty or not guilty beyond a reasonable doubt.
Jury
The person responsible for presenting a case that an alleged offender has committed an offence
Prosecution
A person bringing a civil action to court
Plaintiff
The outcome of a civil case aimed at restoring the injured party to their original position.
Remedy
Minor offences heard by a magistrate
Summary offences
Serious offences that require trial by a judge and jury
Indictable offences
The person accused of a crime.
Defendant
A type of civil action where one party causes harm through failure to uphold a reasonable duty of care to a “neighbour”
Negligence
A type of civil action where one party makes false statements that cause another party to lose their reputation
Defamation
