Topic 3: Laws and Citizens Flashcards
Principles of our legal system-
All individuals are equal before the law.
Individuals have the right to a fair hearing.
The judiciary (the court system) is independent and impartial.
Individuals have the right to a reasonable appeal.
Where do laws come from-
The Australian constitution, to make laws for all Australians.
Victorian Legislation, made by state parliament of Victoria.
Federal legislation, made by federal parlement in Canmbra.
Common law, developed by juges as they decide cases.
Criminal law-
Criminal law: regulates behaviour between an individual and the community.
Summary offences: minor offences heard by a magistrate.
Indictable offences: serious offences that are heard before a judge and jury.
Defendant: a person charged with a criminal offence in a court.
Accused: the term used to refer to a defendant in the County or Supreme Court.
Criminal Law- Purpose
To regulate the behaviour of individuals in the community.
Criminal Law- defenition
Laws concerned not only with the rights of individuals directly involved but also with the welfare of society as a whole.
Criminal Law- Key words
Prosecutions, verdict, sanction (punishment), accused, jury of 12
Civil Law-
Civil law: regulates behaviour between one individual and another individual.
Plaintiff: is the person or organisation who is bringing the case to court.
Defendant: is the person or organisation who is disputing the claims made by the
plaintiff.
Balance of probabilities - the court will determine whether a person’s rights have been infringed.
Civil Law- Purpose
To recognise that the rights of an individual have been infringed and to restore the injured party to their original position.
Civil Law- defention
laws regulating the behavior of private individuals.
Civil Law- Key defenition
Plaintiff, sue, settlement, jury of 6, liable or not liable, defendant, remedy (money).
Court juristiction-
what types of cases, varying levels or hierarchy have different powers to decide on powers.
Court hierarchy-
the ranking of the courts according to the seriousness and complexity of the case.
The court hierarchy-
High court of Australia
- Worst cases
Supreme court of Victoria
- indictable offences like murder
- has a judge and jury
County court of Victoria
- Indictable offences like rape or sexual abuse
- Has a judge and jury
Magistrates court
- summary offences like speeding and drunk driving.
- No jury
Laws and Rights
Legal vs. Non-Legal Rules:
Legal Rules: Enforceable by law (e.g., speed limits).
Non-Legal Rules: Not legally binding (e.g., school rules).
Dividing Laws Between Parliaments:
State Parliament: Handles health, education, transport.
Commonwealth Parliament: Focuses on trade, immigration, defense.
Principles of Our Legal System:
Fairness, equality, justice, rule of law, and presumption of innocence.
Types of Law
Criminal Law:
Summary Offences: Minor crimes (e.g., traffic offenses).
Indictable Offences: Serious crimes (e.g., murder).
Civil Law:
Negligence: Failing a duty of care causing harm.
Defamation: Damaging someone’s reputation.
Australian Legal System
Court Hierarchy in Victoria (Criminal Focus):
Magistrates Court: Minor cases (includes Koori, Children’s & Coroner Courts).
County Court: Serious criminal cases.
Supreme Court: Most serious cases and appeals.
High Court: National court for constitutional matters.
Key Legal Participants
Participants Defined:
Accused: Person charged with a crime.
Prosecution: Represents the state, proving guilt.
Plaintiff: Person bringing a civil case.
Defendant: Person accused in criminal or civil cases.
Judge: Oversees the court and ensures fairness.
Jury: Group deciding the verdict in serious cases.
Witness: Provides evidence about the case.
