Rights and Freedoms
List 3 rights we have in Australia
The responsibility associated with our right to vote
Voting
Define civil law with an example.
A system of laws that deals with disputes and issues between two or more parties
Can someone appeal a decision from the high court?
No
Is everyone equal before the law?
Yes
Constitution, International treaties, Common Law, Bounds of the Law, Statutory Law
What freedom is associated with protesting peacefully?
Freedom of Assembly
Define criminal law with an example.
A system of law that punishes people who do not follow the rules of the State
What is an appeal?
An application to reverse a decision made after the outcome of a case.
The person who is having a case brought against them is called
A defendant
What are the bounds of the freedom of assembly?
To not incite violence and to protest peacefully without major disruption to others.
The right to a fair trial is linked to which responsibility?
Jury service
Define customary law with an example.
Rules and customs that has been passed down as part of Indigenous culture and recognised by the government.
What is meant by the term precedent?
Lower courts are bound to follow the previous rulings of courts above them.
The person who is bringing the case is called
A plaintiff, claimant or prosecutor
Explain why exercising our right to vote is important?
By voting in elections, a person has their say in who they believe should be making the laws. In doing so, they are making sure that the representative they choose is one they are happy with.
Paying taxes is linked to?
Freedom of Association
Explain how signing a petition can change laws?
A petition with a large number of signatures shows that the population cares strongly about an issue. It can influence the government to act on the issue because the people they represent are asking for the laws to be changed.
Give two examples of grounds for an appeal
Mistake of Fact
Mistake of Law
Miscarriage of Justice (corruption, incompetence)
Win, lose, settle
Explain why Freedom of Speech is an important right in Australian democracy
Freedom of speech ensure that people are able to express their opinions without worry of punishment leading to a wider variety of viewpoints. It also means we can criticise government decision freely in order to hold them accountable and ensure the best result for society.
What is the responsibility linked to freedom of movement?
Obeying the law
Explain the process of how a statutory law is made.
A bill is written by the member of parliament then introduced to the House of Representatives. They read the bill and discuss it twice, before a final reading and vote. If successful, the bill is sent to the Senate who repeat the same process. Only if a bill is successful in the Senate as well, does it finally go to the Governor-General for royal assent. After this is when it becomes law.
Explain why appeals are important to the legal system
Appeals ensure that everyone has access to fairness and justice in the system as they allow challenges on decisions in order to get the fairest outcome for an individual and society.
Explain why a court may need to look over a settlement.
In order to ensure that both parties are entering into the agreement legally and without any undue influence. They may also look into it to ensure the contract is legal.