Rule of Law
Define the Rule of Law.
The law is applied equally and fairly. No one is above the law
What is actus reus?
The guilty act.
What is direct evidence?
Evidence that directly proves a fact (e.g., eyewitness).
Who decides the verdict in a jury trial?
The jury.
Which court is the highest in Australia?
High Court of Australia.
Name one principle of the Rule of Law.
Presumption of Innocence
People can only be punished in accordance with the law
Fair and Prompt Trials
What is mens rea?
The guilty mind/intent.
What is circumstantial evidence?
Evidence requiring inference.
Who determines the sentence in a jury trial?
The judge.
Liam is charged with drink driving. Which court will hear the case?
Magistrates Court.
Explain the presumption of innocence.
The presumption of Innocence is a principle that states the prosecution must prove guilt, and the accused is considered innocent until proven otherwise.
State two elements required for murder.
Unlawful killing + intent to kill
What is the standard of proof in criminal cases?
Beyond reasonable doubt.
What does “beyond reasonable doubt” mean?
The jury must be highly certain of guilt.
Sophie is charged with serious assault. Which court will hear her trial?
District Court.
Explain equality before the law.
the law should apply to all people equally, regardless of their status in society – rich or poor, young or old, regardless of their gender, race, culture, religion, or any other attribute.
What is the key difference between murder and manslaughter?
Murder requires intent to kill; manslaughter does not.
Who carries the onus of proof in a criminal case?
The prosecution
Who are the parties involved in a criminal trial?
Which court hears the most serious indictable offences in Queensland?
Supreme Court.
Why is an independent judiciary essential?
An ‘independent’ and ‘impartial’ judiciary ensures that:
Does manslaughter require proof of actus reus?
Yes.
Analyse strengths and weaknesses of jury trials.
Strength: community representation.
Weakness: bias or misunderstanding evidence.
What are the sources of law? (must use legal terminology)
Statute law made by Parliament
Common law developed by judges
Explain the difference between original jurisdiction and appellate jurisdiction.
Original jurisdiction means the court hears a case for the first time.
Appellate jurisdiction means the court reviews a decision made by a lower court.