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?
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?
Which court serves as the final court of appeal in Australia?
Which court serves as the final court of appeal in Australia?
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?
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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?
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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?
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Which type of offences are typically handled in the Magistrates Court?
Which type of offences are typically handled in the Magistrates Court?
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What is the primary function of criminal law?
What is the primary function of criminal law?
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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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Description
This quiz explores key elements of the Australian legal system, including the jury system, the referendum process, the role of the High Court, and the levels of government. Test your knowledge on how these components work together within the framework of Australia's constitution and legal practices.
