Court Hierarchy
The Local Court
True or False it is illegal to sing an obscene song in public in New South Wales
False! It is illegal in Victoria
Finish the sentence: In a criminal case a jury must decide whether a person is innocent or guilty...
Beyond reasonable doubt
In a court room what is the role of the court officer?
Helps the judicial officer and people coming into the courtroom. He (or she) organises court lists, calls witnesses and administers oaths.
In 1154 under the rule of King Henry how did people have to prove their innocence?
Trial by combat
A Civil Case of between $100,000 to $750,000 will be heard at what court?
The District Court
What was the reason for the introduction of the law where It is an offence to sell a fridge with a capacity of 42.5 litres or more, unless all of the doors can be easily opened from the inside or it was brought into the state before 1 January 1962.
Too many people or children were getting trapped inside refrigerators
List 3 people who cannot sit on a jury
Lawyers
Judges
Police
Ex-prisoners
Bankrupt
Over 65 (if they wish)
Pregnant
The area that the public are able to watch cases in most courts is called...
Public Galleries
What is kept in Law Reports?
Which court is the highest in Australia and among other things deals with the interpretation of the constitution?
The High Court of Australia
What is the maximum fine for ding-dong ditching in SA?
$250
Describe how a jury can be biased?
Lawyers may try to select jurors based on discriminatory factors in order to give their client the best chance of winning. They can often not represent a persons peers and can on occasion be bribed.
What is the role of the court officer?
Helps the judicial officer and people coming into the courtroom. He (or she) organises court lists, calls witnesses and administers oaths.
Explain statutory interpretation
Courts also make laws when they interpret (decide on the
meaning of) words in a law made by Parliament. Laws
made by Parliament often use complicated language. This
language is used in an attempt to fully explain what the
law means, and to try to cover all the possible situations to
which the law is relevant.
Although only Parliament can change the wording of
a law, when a court interprets a word, this new meaning
applies as law from then on. The principle of precedent
applies to interpretation as well. Therefore, once a judge
decides on the meaning of a word or phrase, that meaning
becomes law and must be followed by other judges in
lower courts.
The Chief Justice heads this court.
Supreme Court
The WA Potato Corporation monitors that a person cannot have over how many kg of potatoes without a license
50kg
What is empanelment?
The process of selecting the jury once all randomly selected members are in the court
There is 4 of me in a civil case and 12 of me in a criminal case what am I?
Jury
Explain one constitutional disagreement that outlines inconsistencies between commonwealth and state legislation.
should areas of World Heritage
be under state or federal control? When such disagreements occur, the matter is decided by the High
Court. The Australian Constitution (Section 109) outlines that if there are any inconsistencies between
Commonwealth and state legislation then the Commonwealth laws will apply.
When the judges of the supreme court hold sessions in major regional centres instead of just in Sydney
Why did Lawyer Veronika Drago suggest these odd laws are still in effect?
“As to why they’re still on the books, you can easily imagine how reviewing offences about flying kites and selling fridges is not really a priority for incoming governments.”
A Batson Challenge is when a lawyer accuses another lawyer of getting rid of a juror on the basis of race or any other discriminatory factor.
It is considered a failure as lawyers can make up simple excuses to justify their point
What is the difference between a magistrate and a judge?
A magistrate will decide verdicts in a local court and judges are in charge in of all higher court rooms
Who can overturn a law and why can they overturn a law?
The High Court but only if it is considered unconstitutional