Unit 3 AoS 1
Identify one purpose of criminal sanctions.
Punishment, Rehabilitation, Deterrence, Denunciation or Protection
Define the term burden of proof in a civil case.
Who is responsible for proving the case in court, in civil cases this is with the plaintiff as they started the case.
Identify the standard of proof that applies in a criminal trial.
Beyond a reasonable doubt which means the evidence must be proven quite strongly, with little room to question the version of events the evidence presents.
Identify one reason why Australia needs a Constitution.
- Form society/government/structure of the country
- Establish plans to form government and elect representatives
- Unite the states under one federal government
Define the term representative government.
A Government elected by the people and responsible for making laws and decisions on behalf of the people.
Describe two differences between a summary offence and an indictable offence.
- The court they are heard in
- Generally the level of 'damage' to a victim
- The length/severity of possible sanctions
Identify and describe two purposes of civil law.
- To restore a wronged party to their original state
- To protect human rights
- To resolve private disputes
Describe two differences between a criminal case and a civil case.
- The type of offence and damage to the victim
- The person bringing the case to the courts (prosecution is the government, plaintiff is a private person)
- Outcomes (guilt v liability)
- Punishments (sanctions vs remedies)
- Access to VLA/CLC support
Describe two express rights protected by the Australian Constitution.
- Aquisition of property on just terms
- Trial by jury
- Interstate trade and commerce
- Freedom of religion
- No discrimination based on your state of origin
Define both law reform and constitutional reform.
Law reform - changes to statute law/common law through acts of parliament or decisions by judges.
Constitutional reform - changes to the constitution caused by referendums and/or high court decisions
Explain three rights of an accused that are protected during a criminal trial.
- Right to Silence
- Right to a jury (indictable offences only)
- Right to be tried without unreasonable delay
Explain the difference between mediation and arbitration as methods of resolving civil disputes.
Mediation - mediator only facilitates discussion between two parties, not legally binding without further paperwork.
Arbitration - arbitrator hears facts from both parties like a judge and makes a final, legally binding decision on this evidence.
Explain three factors that may influence the ability of parliament to make effective laws.
- Hostile Senates
- The need to reflect community values
- International pressures (UN/ Treaties)
Explain the role of the High Court of Australia in interpreting the Constitution.
To resolve disputes between parties where the constitution is used as a reason for the dispute. To clarify the meaning of the wording of the constitution and apply it to existing laws and situations with standing.
Explain the impact of the media on law reform.
Media can influence voters, present biased versions of events, bring more light or awareness to specific issues.
Explain the role of the prosecutor in the criminal justice system, in your response name three roles.
- Determine if a case should be tried in court
- Work with police around a case and the evidence
- Prepare the case to be proven beyond a reasonable doubt
- Arrange witnesses/evidence/experts for trial
- Share evidence with the defence/accused (discovery)
Describe two factors that may affect an individual's ability to access the civil justice system.
- Costs
- Time/Limitation of Access
- Enforcement issues (other party having the means to pay them back or be found for the case at all)
Explain what a royal commission is and then what the difference is between a royal commission and a VLRC Inquiry.
Royal commissions are inquires called for by the federal government and aim to find solutions is major issues in Australia at the time.
VLRCs are essentially a state and smaller version of a very similar process.
Describe two ways in which rights are protected in Australia.
- Constitution (express rights)
- High Court Decisions (implied rights)
- Common Law Decisions
- Statute laws
Identify and describe two reasons why the Australian Constitution may be difficult to change.
- It can only be changed by a referendum which requires many factors to succeed (double majority, bipartisan support, media support, clarity etc)
- It can be an expensive and timely process
Explain two factors that may affect the ability of an accused to receive a fair trial. In your answer, refer to how each factor may affect the trial.
- Media/Community knowing about the case before hand (hard to find juries/receive unbiased trial)
- Costs (limits access to legal defence)
- Delays (loss of evidence, slow justice)
- Language Barriers (Translators needed)
- Accused understanding the process, especially without legal representation (access)
Explain two remedies that a court may order in a civil dispute. For each remedy, provide an example of when it may be appropriate.
Injunctions - actions, good to stop a building from being destroyed or a person from publishing something.
Damages - money, good for loss of wages or bills to pay
Explain two strengths and two weaknesses of the Victorian jury system.
S - community/peer decision, randomly selected, unbiased view
W - Complex role for ordinary people to understand, not always used especially in civil, many people cannot be on juries limiting the idea of randomly selecting people (disabilities, records)
Explain two ways in which the Australian Constitution limits the power of parliament.
Division of law-making powers
Separation of powers
Express/Implied rights
High Court's role in interpreting the constitution
Describe the 1967 referendum and the 2023 referendum, including what they were about and if they passed.
1967 - Allow Indigenous federal laws to be created and for them to be counted in the census. It passed with an overwhelming majority.
2023 - Aim to have an Indigenous voice to parliament made permanent, it did not pass.