Revise Legal Test PDF

Summary

This document provides an overview of the Australian legal system, discussing the constitution, types of courts (including children's courts, magistrates courts, and higher courts), and the difference between civil and criminal law. It also touches on legal processes like the law-making process and court procedures.

Full Transcript

Constitution: A very important document for setting up rules for running the country. Three main parts are the parliament, the executive and the judiciary. Breaking the law in Australia can have consequences such as fines, arrest and charges, jail time and a criminal record. If you are charged wit...

Constitution: A very important document for setting up rules for running the country. Three main parts are the parliament, the executive and the judiciary. Breaking the law in Australia can have consequences such as fines, arrest and charges, jail time and a criminal record. If you are charged with an offence you will go through the Australian legal system. You would go to court where the judge will determine the outcome or in this case, if you were under 18 you would need to go to a youth justice system. Court helps solve big disagreements, it ensures everyone follows the rules and laws in our country. The key parts of the court system include courts, judges and juries. It works by Disagreement of crime, going to court and the decision which is made by the judge or jury. Types of courts: - - - 4 major courts: - - - - The highest court in Australia: is the High Court of Australia located in Canberra. If you broke the law, where would your case go, and where would it be held: Depending on the offence will determine which court it goes to. - - - Difference between civil law and criminal law They are both two main branches of law that serve different purposes. Criminal law aims to protect society and punish those who commit crimes. Some of these offences include murder, assault, theft, drug offences and fraud. Civil law handles debates between individuals or organisations family law matters, property disputes and contract branches. Even though these are two different branches some cases could result in criminal charges and a civil lawsuit. Setting up the courtroom includes the layout of the judge's bench, witness stand, counsel tables, jury box and public gallery. Key people present include the judges, prosecutor, jury, witness, and bailiff. Stages in the trial include opening statements, presentation of evidence, witness testimonies, exhibits/evidence, cross-examination and closing arguments. A standard jury in Australia normally consists of 12 members. To be selected is completely random, they will receive a summon to appear in court and go to trial. The jury will verdict at the end of trial, the type depends on the case. Criminal case: guilty, not guilty or hung jury which is if the jury cannot reach a decision Civil cases: liable, not liable or damages awarded. Courts without a jury: supreme court and district court Courts without a jury: magistrates courts and family courts Worst crime someone would commit in Australia: murder, child sexual offences drug trafficking, human trafficking The law-making process: - - - - - - - - - It can take months to several years to make a law. Magistrate court. What is it? What is it used for? Magistrate is a lower court that handles minor civil and criminal law cases. It deals with less serious offences than what a higher court would. It is used for traffic violations, petty crimes, small civil cases and family matters. jury= random people are selected minus the people who can\'t be on a jury. court for young people? What is it called? How does it deal with young people? The court for your people is called a juvenile court. They deal with minor cases such as theft or drug use. The details are normally kept quiet to protect a young person's identity. Instead of jail, a young person could get counselling, and community service and be placed in a programme to help them. A sanction is a penalty or punishment. Types of sanctions include fines, community service, jail, license suspension and travel bans. If someone is caught breaking the law, what is the process? - - - - - - - -

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