Podcast
Questions and Answers
What is required for a jury in a criminal trial to reach a verdict?
What is required for a jury in a criminal trial to reach a verdict?
- A majority agreement of 8 out of 12 jurors
- A simple majority of 6 out of 12 jurors
- An agreement from only 10 jurors
- A unanimous agreement among all jurors (correct)
What do we call the process whereby a constitutional change is proposed and voted on?
What do we call the process whereby a constitutional change is proposed and voted on?
- Constituent assembly
- Referendum process (correct)
- Legislative process
- Judicial review
Which court serves as the final court of appeal in Australia?
Which court serves as the final court of appeal in Australia?
- Magistrates Court
- Supreme Court
- High Court (correct)
- County Court
What is a distinguishing feature of the High Court in relation to the Mabo vs Queensland case?
What is a distinguishing feature of the High Court in relation to the Mabo vs Queensland case?
Which level of government has exclusive powers over matters such as currency and defense?
Which level of government has exclusive powers over matters such as currency and defense?
What marks the end of the law-making process in both federal and state parliaments?
What marks the end of the law-making process in both federal and state parliaments?
Which type of offences are typically handled in the Magistrates Court?
Which type of offences are typically handled in the Magistrates Court?
What is the primary function of criminal law?
What is the primary function of criminal law?
Flashcards
Unanimous Verdict
Unanimous Verdict
All jurors must agree on a verdict (guilty or not guilty).
Jury System in Criminal Trials
Jury System in Criminal Trials
A group of 12 people (or a majority if needed) who listen to evidence and decide if someone is guilty or not guilty in a criminal case.
Referendum Process
Referendum Process
A national vote to change the constitution.
Double Majority
Double Majority
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High Court (Australia)
High Court (Australia)
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Levels of Government (Australia)
Levels of Government (Australia)
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Federal Government Power
Federal Government Power
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State Government Power
State Government Power
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Local Government Power
Local Government Power
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Law-Making Process
Law-Making Process
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Summary Offences
Summary Offences
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Indictable offences
Indictable offences
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Criminal Law
Criminal Law
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Civil Law
Civil Law
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Statute Law
Statute Law
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Common Law
Common Law
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Court Hierarchy
Court Hierarchy
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Separation of Powers
Separation of Powers
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Study Notes
Jury System
- Twelve jurors in criminal trials
- Must reach a unanimous verdict (all agree) or a majority (11/12)
- "Innocent until proven guilty" principle
- Sentencing follows a guilty verdict
Referendum Process
- Constitution outlines federal and state parliament powers
- Referendum is a national vote to change the Constitution
- Process:
- Bill introduced to federal parliament
- Approved by both houses (House of Representatives and Senate)
- National referendum vote
- Requires a double majority (majority of voters and majority of states)
- 4/6 of states must agree
High Court
- Highest court of appeal in Australia
- Deals with civil and criminal matters
- Interprets the Constitution
- "Special leave" is permission to appeal to the High Court
- Landmark cases like Mabo v Queensland (Indigenous land rights)
Levels of Government
- Federal: Exclusive powers (currency, defense)
- State: Residual powers (roads, crime, education)
- Local: Powers like waste collection
Law-Making Process (Federal & State)
- Bill proposed
- First reading
- Second reading (details and explanation)
- Third reading and final vote
- Royal assent (Governor-General for federal, Governor for state)
Separation of Powers
- Three branches:
- Legislative (Parliament makes laws)
- Executive (King's representative, government advice)
- Judicial (Courts make law)
Summary Offences
- Minor offenses (e.g., theft)
- Heard in Magistrates' Court, no jury
Indictable Offences
- Serious offenses (e.g., murder)
- Heard in County/Supreme Courts, 12-person jury
Criminal Law
- Protects society by punishing offenders
Civil Law
- Resolves disputes (e.g., defamation, negligence)
Statute Law
- Made by parliament
Common Law
- Made by courts in areas not covered by statute law
Court Hierarchy
- Ranked by importance
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