WA Court Hierarchy
Name the three courts in Western Australia’s court hierarchy from lowest to highest authority?
Magistrate, District, Supreme
Who acts as the impartial "referee" in Australian courts?
Judge
What are Australia's 4 main legal principles?
Rule of Law, Right to Fair Trial, Right to Legal Representation, Presumption of Innocence (with Burden of Proof).
Why do we have the right to a lawyer?
Laws are complicated. Lawyers explain rights, help prepare your case, challenge evidence, and keep the process fair. Legal aid helps people who can’t afford a lawyer get equal treatment. Important in having a fair trial
Identify three roles of the police.
What types of cases does the Magistrates court hear?
- Summary offenses (minor crimes)
- Civl cases under $75, 000
Describe the jury and its role.
A jury of 12 randomly selected citizens (over 18) decides the verdict (guilty or not guilty) in serious criminal cases based on the evidence presented to them in court.
Why do we need legal principles in Australia?
They make laws fair, clear, and equal for everyone. They protect people’s rights, prevent anyone from having too much power, and help everyone trust the courts.
What is the "rule of law" and why is it important?
Everyone—including leaders—must follow clear, fair, public laws. No one is above the law. It's important because it keeps society orderly, protects from unfair treatment, and builds trust in government.
Describe the difference between summary offences and indictable offences.
Summary offences are minor crimes (like petty theft or traffic fines) heard quickly in Magistrates Court with less severe sanctions (punishments). Indictable offences are serious crimes (like robbery or murder) that go to higher courts like District or Supreme for longer sentences and full trials.
What type of cases are usually heard in the District Court of Western Australia?
- Indictable (serious) offenses - robbery, fraud, assault
-Civil claims over $75, 000 but under $750, 000 and - Appeals from the Magistrate Court.
What is the difference between factual and expert witnesses?
Factual witnesses tell what they saw or heard directly (like “I saw the crash”). Expert witnesses (doctors, scientists) explain complex aspects of the case with opinions based on their skills, like “This injury matches a hit from behind”.
What is "presumption of innocence" and why is it important?
It means a person is innocent until the prosecution proves they are guilty beyond a reasonable doubt. This protects people from being unfairly punished and makes sure the state has to prove its case.
Identify 3 parts of a fair trial in Australia.
- Usually open to the public
- Accused gets to know the charges and evidence against them
- Adversarial system (both sides have equal opportunity to present their case)
- Independent and impartial judiciary
What is civil law?
Deals with disputes between individuals or organisations, such as disagreements over contracts, property, or negligence
What types of cases are heard by the Supreme Court of Western Australia?
- The most serious indictable criminal offences (such as murder and manslaughter)
- Large or complex civil disputes (Over $750, 000)
- Appeals from lower courts (usually from District)
What are the similarities and differences between barristers and solicitors?
Both are qualified lawyers who help clients win cases. Solicitors provide ongoing advice, manage case preparation, and appear in lower courts. Barristers specialise in courtroom advocacy, oral arguments, and higher court appearances, often briefed by solicitors.
Who has the "burden of proof" and why?
The prosecution or police must prove guilt. This protects innocent people by making sure only strong and convincing evidence can convict someone.
What makes courts "independent" and why does that matter?
Courts are independent when judges and juries make decisions without pressure from the government or others. This means they are fair, unbiased, and the law is applied equally.
Explain legal aid and its purpose.
A government funded service that provides lawyers to those who cannot afford one. In Western Australia, applicants must meet three criteria: a means test (income level), a matter test (type of legal issue), and a merit test (likelihood of success). This ensures everyone has equal access to justice and the right to a fair trial.
Explain the main purpose of the court hierarchy in Western Australia.
The court hierarchy organises courts by levels of seriousness and complexity, allowing minor cases to be handled efficiently in lower courts (like Magistrates), serious cases in higher courts (like Supreme), and appeals to ensure consistency, fairness, and expert handling at each level.
What is the judge’s role in jury trials vs. non-jury (judge-alone) trials in Australia?
In jury trials, the judge explains law, rules on evidence, and runs the court, but the jury decides guilt based on facts. In judge-alone trials (used for some complex cases or if no jury is requested), the judge decides everything: facts, law, and verdict alone, for faster and expert decisions.re likely than not.
Compare criminal vs civil proof standards.
In criminal cases, guilt must be proven "beyond reasonable doubt," which is very high. In civil cases, claims must be proven on the "balance of probabilities," meaning it’s more likely than not.
Discuss why judicial impartiality and the presumption of innocence are essential components of the Right to a Fair Trial.
Judicial impartiality is essential to the Right to a Fair Trial because it ensures judges remain unbiased and make decisions based solely on evidence and facts, maintaining public confidence in the legal process. The presumption of innocence protects the accused by requiring the prosecution to prove guilt beyond reasonable doubt, preventing unfair punishment. Together, they uphold fairness by guaranteeing that individuals are treated equally and judged fairly without prejudice or assumptions.
Explain the role and responsibilities of the High Court
The highest court in the country, the final court of appeal, and the only court that can interpret the Constitution. It's powers are outlined and protected by the Constitution. It serves as a crucial check on the powers of the legislative and executive branches, as well as on decisions made by lower courts.