Civil Law
Give an example of a type of case covered by civil law
Suing someone, family law (divorce, child custody), business cases.
Give an example of a type of case covered by criminal law.
Murder, assault, abuse, robbery.
What is the rule of law?
Everyone is treated the same under the law, no matter their position.
Give an example of evidence which would not be allowed to be submitted into evidence.
Non expert opinions, illegal evidence, bad confessions.
What is the role of a jury?
To consider the evidence and decide is someone is guilty or not guilty.
What is defamation?
Saying something that is not true about someone that damages their reputation or impacts their opportunities/income.
Name two common punishments for someone who is found guilty
Incarceration (jail), community service, probation, fines
Why is due process important?
To ensure the proceedings are fair
Why might a person not be allowed out on bail?
They are considered dangerous or a flight risk
Give an example of a high profile criminal court case in Australia.
Bruce Lehrman, George Pell, Lindy Chamberlain.
How sure does the judge have to be to prosecute someone for civil charges?
more sure than not (balance of probabilities)
How sure must a jury be to find someone guilty of criminal charges?
Beyond reasonable doubt
What is the adversarial system?
Two sides present their arguments to the court, which acts as an impartial adjudicator
What is it called when the lawyer interviews people from the other side during the trial?
Cross examination
Give two solutions to limiting the impact of the media on the jury
Asking jurors not to look at coverage, removing electronic devices, ban media reporting, no media inside the court room.
What is it called when both sides and their lawyers meet to attempt to resolve a divorce case before it gets to court?
Mediation
Who prosecutes someone for criminal charges
The state (representatives of the government)
Why is it important that the courts are independent from the government?
So that the government doesn't influence the decisions of the courts
List two things that the judge does during a trial
Ensures all evidence doesn't break any rules, ensures the trial runs smoothly, gives out the sentence.
What is it called when a jury is made to stay in a hotel?
Sequestering the jury
Who can start a civil case?
Anyone
On who does the burden of proof rest in a criminal case? (Who has to prove the accused did it?)
The plaintiff
What does 'precedent' mean?
If someone believes that the trial has been unfair, what should they do?
Appeal to the high court - with reasons why the trial was unfair
If there a 12 jurors, how many must agree to convict someone?
12, or 10 if the deliberation has gone beyond 4 hours.