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Questions and Answers
Which court is responsible for the most serious criminal cases in New South Wales?
What is the monetary threshold for civil cases to be heard in the Supreme Court?
In which location is the High Court of Australia situated?
What type of cases does the Children’s Court handle?
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Which court conducts investigations into deaths by unnatural causes?
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What is the primary goal of the Drug Court of NSW?
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What governs the High Court's interpretation and application of the law in Australia?
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What is the main purpose of the division of powers between federal and state parliaments?
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What type of legal system is used in Australia for trials?
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Which type of offences do the higher courts in the hierarchy primarily handle?
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What is a committal hearing designed to do?
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What type of civil cases does the NSW District Court typically handle?
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Which court handles minor criminal matters and civil disputes under $100,000?
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How does the court system ensure judges are specialized in specific areas of law?
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Which of the following is NOT a responsibility typically associated with local courts?
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What characterizes the lower courts in the judicial hierarchy?
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What is the primary role of the court in an adversarial system?
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In an inquisitorial system, who typically asks the questions during a trial?
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What standard of proof must be met in a civil trial?
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What is a key function of a jury in a criminal trial?
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How are jurors chosen for service in a trial?
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Which of the following statements about juries is incorrect?
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What principle ensures that a person is considered innocent until proven guilty?
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Which of the following is a characteristic of a jury's decision-making process?
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What does sedition refer to in the context of crimes against the state?
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Which of the following is considered a more serious offence than sedition?
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What type of offences involves disrupting societal activities, including swearing in public?
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Which of these is NOT typically classified as a traffic offence?
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What must the prosecution prove to achieve a conviction for most crimes?
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Which term refers to 'guilty mind' when determining a crime?
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In the context of crimes, what is actus reus?
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Which scenario does NOT require the prosecution to prove mens rea?
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What must happen for a Bill to become law?
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Who officially exercises executive power in the government?
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What is the role of the judiciary in the government?
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Why do we have the separation of powers?
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What happens if a law is found to be contrary to the Constitution?
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What must government ministers do to introduce new laws?
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What is an Act or statute?
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How can judges maintain independence in decision-making?
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Study Notes
Division of Powers
- The division of powers refers to how the federal and state parliaments work together.
Levels of Government
- Australia has three levels of government: federal, state, and local.
- Each level has different responsibilities.
Court Hierarchy
- The court system operates through a hierarchy based on the seriousness of the offense.
- Higher courts hear more serious matters, while lower courts deal with less serious matters.
- Each court specializes in specific areas of law.
NSW Courts
- The NSW District Court hears serious criminal cases and civil cases between $100,000 and $750,000.
- The NSW Local Courts handle minor criminal matters, committal hearings, and civil disputes under $100,000.
- The District Court also hears appeals from the Local Court.
Supreme Court of NSW
- The Supreme Court is the highest court in NSW and deals with the most serious criminal cases.
- It handles civil cases involving more than $750,000.
- The Supreme Court sits in Sydney and is led by the Chief Justice.
- It holds sessions in regional centers.
- It hears appeals from the two lower courts.
High Court of Australia
- Located in Canberra, the High Court hears appeals from the state or territory Supreme Courts.
- It interprets the Constitution and creates laws that affect the powers of parliaments.
Specialized Courts
- The Children's Court deals with cases involving children and young people.
- The Coroner's Court investigates deaths by unnatural causes.
- The Family Court assists Australians with complex family law matters like divorce and property division.
- The Drug Court of NSW tries to offer solutions for offenders who struggle with drug use and crime.
Adversarial System
- In Australia, the adversarial system is used in trials.
- The court acts as a referee between the prosecution and the defense.
- Lawyers present cases based on evidence they gather.
Court Personnel
- There are various roles in the court system.
- Judges preside over court proceedings.
- Lawyers represent the parties involved.
- Witnesses provide evidence.
- Jury members decide on guilt or innocence in criminal cases.
Juries
- Juries originated in 13th-century England.
- They are used in the NSW District and Supreme Courts, not the Local Court.
- They decide on guilt, not sentence, which is determined by the judge.
- Jurors are chosen from the electoral roll.
Crimes Against State/Country
- Examples include sedition and treason.
- Sedition involves encouraging hatred of the state.
- Treason refers to actively attempting to overthrow the government or aiding its enemies.
Public Order Offenses
- These disrupt social order.
- Examples include public swearing and disorderly conduct.
Traffic Offenses
- The most common type of offense in Australia.
- Examples include driving without a seatbelt and running a red light.
- Many are dealt with by on-the-spot fines, but more serious offenses go to court.
Proving a Crime
- The prosecution must prove two things to secure a conviction:
- Mens Rea: The accused intended to commit the crime.
- Actus Reus: The accused person actually committed the crime.
Your Rights When Arrested
- Australians have the right to remain silent.
- The prosecution must prove guilt; the defendant does not have to prove innocence.
Bill to Act (Legislation Process)
- A Bill is debated and voted on by both houses of parliament.
- If approved, it becomes an Act or statute, which is a formal law passed by parliament.
The Executive Arm (Government)
- Responsible for implementing laws.
- Executive power rests with the Governor-General but is exercised by government ministers.
- Ministers oversee specific areas of government.
- Public servants and other government employees support this branch.
The Judicial Arm (Judiciary)
- Enforces the law and resolves disputes.
- Courts ensure the law is applied fairly and equally.
- Judges make decisions independently, protected from executive interference.
Separation of Powers
- Prevents any one arm of government from becoming too powerful.
- Checks and balances ensure fairness and accountability:
- Parliament makes laws and is accountable to the voters.
- The Judiciary ensures parliament and the executive operate within the Constitution.
- The Executive needs parliamentary approval for new laws.
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Description
This quiz explores the division of powers among federal, state, and local governments in Australia. It also examines the court hierarchy, including the roles and responsibilities of various courts in New South Wales. Test your knowledge on how these structures operate within the legal framework.