Questions and Answers
What is an example of a tort in civil law?
Negligence.
What does 'beyond reasonable doubt' mean in a criminal case?
'Beyond reasonable doubt' means the evidence must be so convincing that there is no reasonable doubt of the defendant's guilt.
How does 'balance of probabilities' differ from 'beyond reasonable doubt'?
'Balance of probabilities' means that the evidence shows it is more likely than not that the claim is true.
Why may not every case be heard in front of a judge?
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What is one potential cost of having every case heard in front of a judge?
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What are the three branches of government established by the Constitution in Australia?
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What is the main responsibility of the Legislative branch?
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Who is the head of the Executive branch at the federal level in Australia?
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What is the primary purpose of the separation of powers?
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How do laws differ from non-legal rules?
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What role does the Judicial branch play in governance?
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Who constitutes the Legislative branch in Australia?
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Why are laws important for society?
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What are two primary reasons we need laws in society?
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What is the key difference between binding and persuasive precedent?
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In criminal law, what is the burden of proof placed on the prosecution?
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What is a characteristic feature of civil law?
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What does the term 'standard of proof' refer to in a legal context?
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What is one advantage of going to court?
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What is one disadvantage of going through the court system?
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What type of law is created by legislation passed by Parliament?
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What is common law developed from?
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Name one role of the legislative branch of government.
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What is the role of the judicial branch?
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What does the term 'appeals' in the court system refer to?
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How is a bill first introduced in Australia's Parliament?
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What happens once both houses of Parliament agree on a bill?
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What is one way civil law differs from criminal law?
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Study Notes
Separation of Powers in Australia
- Established by the Australian Constitution, dividing government into three branches: Legislative, Executive, and Judicial.
- Legislative Branch: Responsible for making laws; consists of the Parliament, which includes the House of Representatives and the Senate.
- Executive Branch: Enforces laws and includes the Prime Minister, Cabinet, and the Governor-General at the federal level.
- Judicial Branch: Interprets laws; includes the High Court and other federal courts with judges appointed to uphold the law.
- Separation of powers prevents one branch from assuming the functions of another, ensuring a balance of power in governance.
Importance of Laws
- Laws maintain order and prevent chaos, ensuring a structured society where individuals have guidelines to follow.
- Laws differentiated from rules created by organizations or individuals; non-legal rules are enforced internally (e.g., school rules) while laws are enforceable by police and courts (e.g., laws against theft).
- Essential to protect rights, safety, and establish acceptable behavior in social contexts.
Criminal vs Civil Law
- Binding Precedent: Requires lower courts to follow decisions made by higher courts; establishes consistency in legal outcomes.
- Persuasive Precedent: Decisions by lower courts that can influence higher court rulings but are not mandatory to follow.
- Burden of Proof: In criminal law, lies with the prosecution to prove guilt "beyond reasonable doubt"; in civil law, the plaintiff proves their case on the "balance of probabilities."
- Civil Law: Addresses disputes between individuals or organizations, leading to compensation.
- Criminal Law: Involves state offenses (e.g., theft, assault) with penalties like fines or imprisonment.
Court Hierarchy and Legal Procedures
- Supreme Court: The highest court in the legal hierarchy.
- Magistrates Court: Handles minor matters within the legal system.
- Recognition that different courts have specific jurisdictions and responsibilities in legal proceedings.
Advantages and Disadvantages of Going to Court
- Advantages: Provides formal resolutions for disputes, enforceable legal judgments, and pathways for appeals to higher courts.
- Disadvantages: Can be costly and time-intensive; may involve complex legal procedures that deter some individuals from pursuing cases.
Statute Law vs Common Law
- Statute Law: Created through legislation by Parliament; example includes the Criminal Code Act 1995 (Cth).
- Common Law: Evolves from judicial decisions over time; example includes the landmark case Donoghue v Stevenson (1932) regarding negligence.
Legal Processes in Parliament
- Creating Statute Law: Involves introduction and readings of a bill in the House of Representatives, followed by public inquiry, detailed examination, and voting.
- The process repeats in the Senate, and upon agreement from both houses, royal assent is required from the Governor-General for the bill to become law.
Key Legal Concepts
- Torts in Civil Law: Include negligence and defamation, which can lead to legal compensation.
- Distinct differences in standards of proof between criminal ("beyond reasonable doubt") and civil cases ("balance of probabilities").
- Not all cases are heard by a judge due to court backlogs, resource limitations, and availability of alternative dispute resolution methods.
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Description
Test your knowledge about the separation of powers in Australia as established by the Constitution. Learn about the roles of the Legislative, Executive, and Judicial branches. This quiz will challenge your understanding of how these branches work together within the government system.
