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
The intermediate tier in the Victorian court hierarchy. This court can hear all indictable or serious offences (except murder, murder-related offences and treason) and civil cases involving an unlimited amount of money, the case is not complex.
County Court of Victoria
A person who has been charged with committing a crime
Accused
A witness isa person who has information that may be useful in a case being heard in a Court. This information is called evidence.
Witness
Formal rules that are designed to govern the way in which people behave so we can all live together in one peaceful and united society
Legal rules
Regulations or guidelines imposed upon the members of a specific group so they can work together in a peaceful manner
Non-Legal laws
The legal power to make legal decisions and judgement
Jurisdiction
The courts are ranked in order of importance from lowest to highest according to the seriousness of the cases they can hear.
Court Hierarchy
A penalty imposed on a person who has breached a criminal law.
Sanction
