Types of Law
What are the two types of law in Australia?
Civil & Criminal
Beyond a reasonable doubt.
This fundamental legal principle, protected by the Australian Constitution for federal offences, ensures that a group of citizens decides the guilt or innocence of an accused person in serious criminal cases
Trial by Jury
This court handles civil disputes of $75,000 or less and minor criminal offenses
Magistrates Court
Tyson is caught shoplifting a $150 item from a local store
Magistrate/Local Court (minor theft)
This branch of law deals with disputes between individuals or organisations
Civil
The onus of proof in civil matters. The level of evidence required for a jury to find the defendant was responsible for the plaintiff's complaint.
On the balance of probabilities
Explain presumption of innocence
Innocent until proven guilty
This court deals with civil cases between $75,000 and $750,000, and more serious indictable offenses
District (Intermediate Court)
Lydia is charged with murder.
Supreme Court
A minor crime that can be tried without a jury
summary offense
The process of taking a case to a higher court to review a decision
Appeal
Explain what is meant by 'Independent Judiciary'
The right to have a case heard by an unbiased judge
This court hears civil cases over $750,000 and the most serious criminal cases like murder
The Supreme Court
A car accident results in $500,000 worth of damages, and the parties can't agree on who was to blame.
District (Intermediate) Court
A more serious crime and that may involve a jury trial
Indictable offense
The authority of a court to hear and decide a case
Jurisdiction
The term for the concept that no one is above the law – it is applied equally and fairly to both the government and citizens.
Rule of Law
Courts for divorce, property settlements, child custody and guardianship
Family Court
A multi-million dollar contract dispute between two large corporations
Supreme Court
A customer slips on a puddle in the freezer section of a supermarket and breaks their hip. What can they sue the supermarket for?
Negligence
Name the type of law created by courts, and the type of law created by parliament.
Common law (courts) and
Statutory law (parliament)
The legal principle where courts follow decisions from previous similar cases
Precedent
This court interprets disputes over the Australian Constitution
The High Court of Australia
The court that decided the outcome for Monika Salaam's case against KFC. Include the state.
Supreme Court of NSW