Courts
What is common law?
Common law is judge made law
What does statute law mean?
Statute law is law created by Parliament
What is civil law?
Civil law deals with disputes between individuals or organisations. It is about resolving disputes and compensating people who have suffered harm — not punishing offenders.
What is criminal law?
Criminal law deals with behaviour that is considered harmful or dangerous to society.
What is customary law?
Customary law is:
Based on traditions and customs
Passed down orally (through stories)
Enforced by community Elders
Focuses on restoring relationships rather than punishment
What is precedent?
Precedent - A previous case or example that is used as a guide for decision making when similar circumstances arise.
How many readings does a bill need to go through in both houses to become an Act of Parliament (law)?
Three readings in each house
Provide 2 examples of civil law
Examples:
Defamation
Negligence (e.g. unsafe behaviour causing injury)
Breach of contract
Property damage
Divorce and family disputes
Personal injury claims
Provide 3 examples of criminal law
Examples of Criminal Offences
Theft
Assault
Vandalism
Drug offences
Dangerous driving
Murder
What does the European term terra nullius mean
'Empty land' or 'No Mans Land'
You’ve just been charged with one of the most serious crimes in Australia - murder. This case is too serious for the Magistrates’ Court. Which court would hear your trial?
Supreme Court - Trial Divison
What are the upper and lower houses called in Federal parliament?
Lower - House of Representatives
Upper - Senate
Who are the 5 people/groups involved in a civil case?
The Plaintiff
The Defendant
Lawyers
The Judge
The Jury (sometimes - less common than criminal)
Fill in the blank:
The _____________ represents the state and tries to prove the accused is guilty
Prosecution
What is the Dreaming?
The Dreamtime is the period in which life was created according to Aboriginal culture. Dreaming is the word used to explain how life came to be.
What type of cases do the Magistrates' court hear?
Provide 2 examples of statute law
Examples of statute law:
Who brings a civil case to the court?
The plaintiff
How many jury members sit in a criminal case (if it requires a jury)?
12
What is the difference between 'lore' and 'law'?
In the context of Australian Indigenous culture, Lore refers to the unwritten, oral traditions, stories, and customs passed down through generations, often guiding daily life, kinship, and connection to country. Law (specifically Western or colonial law) is the wrriten down rules, statutes, and justice systems enforced by governments, police, and courts.
Outline the court hierarchy
High Court of Australia
Highest court in Australia
Interprets the Constitution
Supreme Court of Victoria
Highest court in Victoria
Hears the most serious criminal cases (e.g. murder)
Has a Trial Division and Court of Appeal
County Court of Victoria
Hears serious criminal offences (not murder or treason)
Hears civil cases involving large amounts of money
Lowest court in Victoria
Hears summary offences (less serious crimes)
Handles most less serious criminal cases
What does royal assent mean?
After a bill is passed by both Houses of Parliament,
The Governor-General (federal) or Governor (state) gives formal approval,
This approval is called Royal Assent,
The bill then becomes an Act of Parliament (law).
What is the standard of proof in a civil case?
The standard of proof is “on the balance of probabilities.”
This means the judge or jury must believe it is more likely than not that the claim is true.
What is the standard of proof in a criminal case?
The standard of proof is “beyond reasonable doubt.”
This means the jury must be almost certain the person committed the crime.
Identify one difference and one similarity between European law and Customary law.
Possible similarities:
- Both systems have rules that people must follow.
- Both aim to keep order in society.
- Both have consequences when rules are broken.
Possible differences:
- European law is written down in Acts of Parliament, while customary law is mostly passed down orally through generations.
- European law is enforced by police and courts, while customary law is enforced by Elders and community leaders.
- European law applies to everyone in Australia, while customary law applies within specific Aboriginal or Torres Strait Islander communities.