Podcast
Questions and Answers
What is the primary role of a jury in a criminal trial?
What is the primary role of a jury in a criminal trial?
- To determine the admissibility of evidence.
- To decide the guilt or innocence of the defendant. (correct)
- To set the sentencing guidelines for convicted defendants.
- To negotiate plea bargains between the prosecution and defense.
Juries are always involved in cases, regardless of the case profile.
Juries are always involved in cases, regardless of the case profile.
False (B)
Name two types of cases that typically require a jury.
Name two types of cases that typically require a jury.
Murder trials and defamation cases
Which of the following lists the Queensland courts in correct hierarchical order, from highest to lowest?
Which of the following lists the Queensland courts in correct hierarchical order, from highest to lowest?
Match the court personnel with their respective roles:
Match the court personnel with their respective roles:
Laws made by courts or judges are known as ______.
Laws made by courts or judges are known as ______.
Statute law refers to laws enacted by judges.
Statute law refers to laws enacted by judges.
Name three levels of government in Australia and one responsibility for each.
Name three levels of government in Australia and one responsibility for each.
Which of the following is NOT a reason why laws are necessary in society?
Which of the following is NOT a reason why laws are necessary in society?
A proposal for a law before it is passed in Parliament is known as a ______.
A proposal for a law before it is passed in Parliament is known as a ______.
Which of the following is the first step in amending the Australian Constitution?
Which of the following is the first step in amending the Australian Constitution?
A referendum can change the constitution if a majority of voters in at least 5 out of 6 states approve the change.
A referendum can change the constitution if a majority of voters in at least 5 out of 6 states approve the change.
Name one successful and one unsuccessful referendum that impacted Aboriginal and Torres Strait Islander peoples.
Name one successful and one unsuccessful referendum that impacted Aboriginal and Torres Strait Islander peoples.
Which court would typically handle a burglary case?
Which court would typically handle a burglary case?
Murder cases typically go to the Magistrate's court.
Murder cases typically go to the Magistrate's court.
Which of the following is the role of the prosecutor in a courtroom?
Which of the following is the role of the prosecutor in a courtroom?
The jury is responsible for overseeing the court proceedings and ensuring fairness.
The jury is responsible for overseeing the court proceedings and ensuring fairness.
What is the role of the defendant in a courtroom setting?
What is the role of the defendant in a courtroom setting?
Laws are unnecessary in society.
Laws are unnecessary in society.
Once a bill has passed in both the house of representatives and the senate it becomes an ______.
Once a bill has passed in both the house of representatives and the senate it becomes an ______.
Flashcards
Primary function of a jury
Primary function of a jury
To determine whether the defendant is guilty or not guilty with a generally unanimous decision
Examples of cases requiring a jury
Examples of cases requiring a jury
Murder trials in criminal court and defamation cases in civil court
QLD courts hierarchical order
QLD courts hierarchical order
High Court of Australia, Supreme Court, District Court, Magistrates Court, QCAT
Jury responsibility
Jury responsibility
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Judge/Magistrate responsibility
Judge/Magistrate responsibility
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Witnesses responsibility
Witnesses responsibility
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Defendant
Defendant
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Prosecutor's role
Prosecutor's role
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Barristers/Solicitors responsibility
Barristers/Solicitors responsibility
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Common law
Common law
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Statute law
Statute law
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Three levels of Australian government
Three levels of Australian government
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Federal Government Responsibilities
Federal Government Responsibilities
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State Government Responsibilities
State Government Responsibilities
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Local Councils Responsibilities
Local Councils Responsibilities
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Why laws are necessary
Why laws are necessary
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Definition of a 'bill'
Definition of a 'bill'
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Amending Australian Constitution
Amending Australian Constitution
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Study Notes
- Juries decide guilt or innocence in District or Supreme Court criminal trials.
- Decisions require general unanimity among the 12 jurors.
- Jurors are randomly selected from voter rolls in Australia.
- Juries are not always required, especially in high-profile cases.
- Examples of cases requiring a jury: murder trials in criminal court and defamation cases in civil court.
Queensland Courts Hierarchy (Highest to Lowest)
- High Court of Australia
- Supreme Court
- District Court
- Magistrates Court
- QCAT
Court Personnel and Responsibilities
- Witnesses: Present evidence and testimony.
- Barristers/Solicitors: Provide legal representation and advocacy.
- Jury: Decides questions of law and assesses the guilt or innocence of the accused.
- Defendant: The individual on trial, accused of committing a crime.
- Judge/Magistrate: Oversees proceedings, ensures fairness, and delivers the final verdict.
- Prosecutor: Represents the state or plaintiff and presents the case against the defendant.
Laws Made by Courts/Judges
- Common law is the term used
Laws Enacted by Parliament
- Statute law is the term used
Three Levels of Australian Government
- Federal Government: Trade, defense, and foreign affairs.
- State Government: Schools, hospitals, and some roads.
- Local Councils: Waste management, parks, and libraries.
Reasons Laws Are Necessary
- Keeps citizens safe.
- Maintains fairness.
- Protects the rights of everyone.
Definition of a 'Bill' in Parliament
- It is a proposed law.
- After passing both the House of Representatives and the Senate, it becomes an act.
Amending the Australian Constitution
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Requires significant demand for change
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Requires a petition with 100,000 signatures for the bill to go before Parliament.
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Requires a majority in both the House of Representatives and the Senate for a referendum.
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Needs a majority vote in 4 of 6 states and a majority of the total votes to pass.
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The Indigenous Voice Referendum in 2023 did not pass.
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The 1967 referendum, which gave Aboriginal and Torres Strait Islander people equality, passed with 90.7% voting yes.
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The 1967 referendum allowed Indigenous people to be counted in the population, and gave the government power to change/make more laws to give aboriginals more rights.
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Burglary cases go to the magistrate’s court.
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Murder cases go to the supreme court.
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