Australia's Legal System YEAR 7 Humanities PDF

Australia’s Legal System YEAR 7 HUMANITIES Learning intention: I will understand what the Rule of Law is. I will understand the structure of Australia's legal system, including the different levels of courts and their roles. I will understand the roles and responsibilities of the prosecutor, defend...

Australia’s Legal System YEAR 7 HUMANITIES Learning intention: I will understand what the Rule of Law is. I will understand the structure of Australia's legal system, including the different levels of courts and their roles. I will understand the roles and responsibilities of the prosecutor, defendant, jury, and judge in a criminal trial, and understand how each of these roles contributes to a fair trial and the justice system. Success Criteria: I can explain what the Rule of Law is. I can identify the courts in Australia's legal system, describe the role of each court, and explain the types of cases they hear. I can describe the roles of the prosecutor, defendant, jury, and judge, and explain their responsibilities in a trial. The Rule of Law ALL MEMBERS OF SOCIETY ARE EQUAL BEFORE THE LAW  The Rule of Law is an ideal about the way our society should run to ensure equality and fairness to all people. It is the best protection of human rights and provides a safe and stable community for all members. At its most basic level, the rule of law is the concept that both the government and citizens know the law and obey it. https://www.ruleoflaw.org.au/what-is-the-rule-of-la In a court room: Defendant Prosecutor Judge A defendant is someone who A prosecutor is a legal A judge is a legal authority representative responsible for has been accused of who oversees court bringing charges against someone committing a crime. All proceedings, ensuring a fair accused of a crime. Prosecutors defendants are entitled to a and impartial trial. Judges present evidence in a fair trial, fair trial (decided by a jury) often before a jury, to prove the interpret and apply the law, and legal representation (a defendant’s guilt beyond a provide instructions to the lawyer.) Defendants can plead reasonable doubt. jury, and maintain courtroom guilty or not guilty, and in This is called the burden of order. In cases without a jury, criminal cases, they are proof. They work to establish the judges decide the outcome presumed innocent until case against the defendant and based on the evidence and advocate on behalf of the state, or proven guilty beyond arguments presented by both person who was impacted by of the reasonable doubt by the the prosecution and defence. crime. prosecution. Rule of Law In Australia, juries are a group of 12 citizens who decide the guilt or innocence of an accused person in court. They hear all the evidence and decide if the defendant is guilty or Jury not guilty. This decision must be unanimous (everyone must agree). If the jury cannot agree and a majority verdict is not allowed, a "hung jury" is declared. This can lead to a mistrial, meaning the case may be retried with a new jury if the prosecution chooses to proceed. Yep, everyday people are called into do ’Jury Duty’ – One day you will probably be called to do it! Juries allow for a fair trial because they represent community values, making impartial decisions that are not biased. Rule of Law Rule of Law The Presumption of Innocence A person being accused of committing a crime must be treated as if they have not committed the crime until they have been found guilty in court. Rule of Law Queensland Court Hierarchy Court What do they do? Magistrate’s Court This is the lowest level court in Queensland. It handles minor criminal offenses (summary offenses), civil cases up to $150,000, and conducts committal hearings for more serious offenses to determine if they should proceed to higher courts. District Court The District Court hears more serious criminal cases, such as armed robbery and serious assault, and civil cases with claims between $150,000 and $750,000. It also hears appeals from decisions made in the Magistrates Court. Supreme Court This is the highest court in Queensland and is divided into two divisions: The Trial Division handles the most serious criminal cases, such as murder, and civil cases over $750,000. The Court of Appeal hears appeals from both the District and Supreme Court trial divisions. High Court This is the highest court in the country and can hear appeals from the Supreme Court of Queensland’s Court of Appeal. It interprets and applies Australian law, including the Constitution, and has the final say in legal matters. Magistrates Court Minor criminal offenses, like traffic violations, shoplifting, or disorderly conduct. Civil disputes up to $150,000, such as small business contract disagreements or personal injury claims from minor accidents. District Court More serious criminal offenses, such as burglary, armed robbery, and serious assaults. Civil cases involving amounts between $150,000 and $750,000, such as larger business disputes or significant personal injury claims. Appeals from the Magistrates Court, like a review of a sentence for a minor crime. Supreme Court  Supreme Court (Trial Division): The most serious criminal cases, including murder, manslaughter, and other major offenses. Complex civil cases involving claims over $750,000, such as large commercial disputes or significant medical malpractice cases.  Supreme Court (Court of Appeal): Appeals from the Supreme Court Trial Division and District Court, such as challenges to criminal convictions or sentences and reviews of civil judgments in higher-stakes cases. High Court Constitutional matters, like cases challenging the validity of laws. Appeals of significant legal principles, such as questions about federal versus state powers or precedent-setting cases. Appeals from the Supreme Court's Court of Appeal in Queensland, especially those with national implications. Place into a Court Hierarchy Prosecutor: Defendant: Judge: Jury: Issue: PUT IT INTO ACTION