Legal Criteria
Everyone must follow the law, including government officials and those in power.
Rule of law
A person is caught stealing a phone from a shop.
Criminal
How many alternatives should be in your assignment?
2
The branch of government responsible for making laws.
Legislative
This is the lowest court in Queensland, dealing with minor criminal offences and small civil disputes.
Magistrates Court
A judge considers a person’s personal circumstances (e.g. age or background) when deciding a fair outcome.
Just and equitable outcomes
A customer slips on a wet floor in a supermarket and sues the store for compensation.
Civil
What are the 3 legal criteria
rule of law, just and equitable outcomes,balancing the protection of individual rights with the protection of society
The body of law developed through decisions made by judges in previous cases
Common Law
This court hears serious criminal offences such as armed robbery and murder, usually before a judge and jury.
District Court
Laws are applied consistently so that similar cases are treated in the same way.
Rule of Law
Someone is charged by the police for drink driving.
Criminal
How many recommendations should you have?
1
The system where two opposing sides present their case to an impartial judge or jury.
Adversarial system
This is the highest court in Queensland, dealing with the most serious criminal matters like murder and major civil cases.
Supreme Court
A law limits freedom of speech to prevent hate speech and protect the wider community
Balancing the protection of individual rights with the protection of society
A business takes another business to court for breaching a contract.
Civil
What must you include at the end of each viewpoint?
A consequence
The obligation on a party to prove their case in court.
Burden of proof
This division of the highest Queensland court hears appeals from lower courts.
Court of appeal
A court decision aims to achieve fairness, but also considers the broader impact on the community and legal system.
Both just and equitable outcomes and balancing the protection of individual rights with the protection of society
A person punches someone in a fight and is charged by the state, while the victim also sues for medical costs.
Both (Criminal case by the state + Civil case by the victim)
Nature - the essence and elements of the legal issue being considered. The WHY
Scope - the extent of the components of the legal issue. The WHO.
The idea that power is divided between different branches of government to prevent abuse of power.
Separation of Powers
If a case is appealed beyond Queensland’s highest court, it is heard by this final court in Australia.
High Court of Australia