Rules, Laws & Justice Principles
What is the difference between a rule and a law?
Rules apply in specific places/groups; laws apply to society and are enforceable by government.
Which type of law deals with offences against society?
Criminal law.
What is the job of a judge?
Oversees court proceedings and ensures a fair trial.
Which branch of government makes statute law?
Parliament
How many jurors usually decide a criminal trial in Australia?
12
Name one principle of Australia's justice system.
Fair trial, equality before the law, presumption of innocence.
Which type of law usually involves disputes between individuals or organisations?
Civil law.
Who brings a civil case to court?
Plaintiff.
What is common law?
Law developed by judges through court decisions.
What is the role of a jury?
Determine guilt or innocence based on evidence.
A student receives a detention for not wearing the correct uniform. Is this a rule or a law? Explain.
Rule; it applies within the school.
A person sues a neighbour over a damaged fence. Civil or criminal?
Civil.
What is an appeal?
Request for a higher court to review a decision.
What is a precedent?
A legal principle established by a previous court decision.
What is a mitigating factor?
A factor that reduces the seriousness of the sentence.
Why is equality before the law important?
Everyone is treated fairly regardless of wealth, status, race, gender, etc.
A teenager is charged with shoplifting. Civil or criminal?
Criminal.
What does jurisdiction mean?
The power or authority of a court to hear particular cases.
Give one situation where courts might create new law.
When there is no existing legislation covering a case.
Give one example of a mitigating factor and explain how it may affect sentencing.
Early guilty plea, remorse, young age, cooperation with police, etc.
A famous celebrity and an ordinary citizen commit the same offence. What principle says they should be treated the same by the courts?
Equality before the law.
Explain TWO differences between criminal and civil law.
Criminal: offence against society; Civil: dispute between individuals.
Criminal: prosecuted by the state; Civil: plaintiff brings the case.
Criminal: guilty/not guilty; Civil: liable/not liable.
Why does the High Court sit at the top of Australia's court hierarchy?
It hears important appeals and interprets the Constitution.
Name THREE ways laws can be made in Australia.
Parliament (statute law), courts (common law/precedent), referendum (constitutional change).
Why is it important that jurors do not discuss a case with family or friends?
It could introduce bias and undermine a fair trial.