Types of Law
What are the two types of law in Australia?
Civil & Criminal
The highest court in Australia's legal system
High Court of Australia
This fundamental legal principle, protected by the Australian Constitution for federal offences, ensures that a group of citizens decides the guilt or innocence of an accused person in serious criminal cases
Trial by Jury
This court handles civil disputes of $75,000 or less and minor criminal offenses
Magistrates Court
Tyson is caught shoplifting a $150 item from a local store
Magistrate/Local Court (minor theft)
This branch of law deals with disputes between individuals or organisations
Civil
This court deals with custody & divorces
Family Court
Explain presumption of innocence
Innocent until proven guilty
This court deals with civil cases between $75,000 and $750,000, and more serious indictable offenses
District (Intermediate Court)
A car accident results in $500,000 worth of damages, and the parties can't agree on fault
District (Intermediate) Court
A minor crime that can be tried without a jury
summary offense
The court that deals with less serious criminal and civil matters (under $75 000)
Magistrates Court
Explain what is meant by 'Independent Judiciary'
The right to have a case heard by an unbiased judge
This court hears civil cases over $750,000 and the most serious criminal cases like murder
The Supreme Court
A multi-million dollar contract dispute between two large corporations
Supreme Court
A more serious crime and that may involve a jury trial
Indictable offense
The process of taking a case to a higher court to review a decision
Appeal
The term for the concept that no one is above the law – it is applied equally and fairly to both the government and citizens.
Rule of Law
Why is the Western Australian family court unique
It's the only state-based family court in Australia, handling both federal and state family law matters.
Lydia is charged with murder.
Supreme Court
Explain the role of the prosecutor in a criminal case and who they represent.
To prove guilt of accused
The state (Australia)
The authority of a court to hear and decide a case
Jurisdiction
The legal principle where courts follow decisions from previous similar cases
Precedent
Explain two major functions of the High Court of Australia
1) Final Court of Appeal
2) Interpets the Constitution
Taylor pushes Brad during an argument, causing Brad to fall and sustain a fatal head injury. Taylor is charged with manslaughter.
District (Intermediate) Court