A
Why is the separation of powers important?
It prevents any one branch (legislative, executive, judicial) from having too much power, protecting democracy and fairness.
Who makes statutory (or statute) laws in Australia?
Parliament makes statutory laws through the process of debating and passing bills.
What types of cases are heard in the Magistrates’ Court?
The Magistrates’ Court hears minor criminal cases and small civil matters.
Diana, 25, was charged with shoplifting items worth $500 from a local store. She has no prior criminal record.
Question:
Identify the court in which Diana’s case would be heard and explain why.
Diana’s case would be heard in the Magistrates’ Court because it is a minor criminal offence (shoplifting under $1,000) and she has no prior criminal record. The Magistrates’ Court handles summary offences and less serious criminal matters.
Give one example of a citizen’s right and one example of a responsibility.
Right: freedom of speech.
Responsibility: obeying the law.
Identify 3 branches of the government in Australia
Legislative, Executive, Judicial
What is common law?
Common law is made by judges when they make decisions in court that set legal precedents for future cases.
What is the role of the courts in Australia?
Courts interpret and apply the law, resolve disputes, and ensure justice is carried out fairly.
What are some examples of civil disputes?
Property damage, breach of contract, defamation, and workplace disputes.
What are some examples of criminal offences?
Theft, assault, murder, drink driving, vandalism, and drug trafficking.
Name the parties involved in a civil case.
The plaintiff (the person or group who suffered harm) brings the case against the defendant.
Ori was crossing the road when a car sped through a red light and hit her, causing serious injuries. The driver did not stop. The police later found the driver and charged them for dangerous driving and leaving the scene of an accident.
Is this case criminal or civil? Explain.
Criminal case.
The driver broke the law by driving dangerously and failing to stop after an accident — both are criminal offences.
Milad borrowed his friend Lucas’s laptop to complete a school project. He accidentally spilled water on it, and the laptop stopped working. Lucas asked Milad to pay for the repairs, but he refused, saying it wasn’t his fault because it was an accident. Lucas then decided to take the matter to court to recover the cost of the damage. Identify if this case is criminal or civil.
This is a civil case.
It involves a disagreement between two individuals about property damage and money (compensation), not a crime against the community.
Why is voting important in a democracy?
Voting gives citizens a say in how the country is run and helps ensure the government represents the people’s views.
In 2019, Australian cricket player David Warner was banned from playing after being involved in the ball-tampering scandal. Even though he was a famous athlete, he faced the same investigation and punishment under cricket and national regulations as any ordinary player would. Justify one key principle of Australia’s legal system that the case links to.
This case shows that fame or status does not protect someone from facing consequences. The same rules apply to everyone, which reflects the principle of equality before the law. It helps build trust in the legal system because people can see that justice is applied fairly to all.
What is the difference between criminal law and civil law?
Criminal law deals with actions that harm the community (like theft or assault), while civil law resolves disputes between individuals or groups (like property or contract issues).
In 2018, George Pell, a senior church figure, was found guilty of child sexual abuse. He requested to have the case reviewed by higher courts. The High Court of Australia later overturned his conviction because it found there was not enough evidence to prove guilt beyond reasonable doubt. Justify one key principle of Australia’s legal system that the case links to.
The case shows that the right to appeal helps correct mistakes and ensures justice is fair. It gives people another chance to have their case reviewed if an error occurred, which protects the rights of all individuals in the legal system.
Genesis left his bike unlocked outside a shopping centre. When he returned, it was gone. CCTV footage showed another person taking the bike and riding away. The police investigated and later charged the person with theft. Is this case criminal or civil? Explain.
Criminal case.
This involves breaking the law — theft is a crime against the community, and the police and courts handle it.
Two neighbours, Selva and Efe, had an argument after Selva’s tree fell and damaged Efe’s fence during a storm. Efe wanted Selva to pay for repairs, but she refused, saying it wasn’t her fault. Efe took Selva to court to claim the repair costs.
Is this case criminal or civil? Explain.
Civil case.
It’s a dispute between two private individuals over property damage and money, not a criminal offence.
Ali, a 17-year-old Aboriginal teenager, was caught shoplifting several items from a local store. This is his first offence, and he has no prior criminal record. He is charged with theft. Explain why this case would not be heard in the Koori Courts.
This case would not be heard in the Koori Courts because the Koori Courts only deal with adult Aboriginal or Torres Strait Islander offenders, not children or teenagers under 18
In 2021, courts across Australia continued to make rulings on controversial COVID-19 restrictions. Even though these cases involved government policies, the judges made decisions independently, focusing only on the legal issues, not political opinions. Justify one key principle of Australia’s legal system that the case links to.
Judicial independence ensures judges make decisions based only on the law, not on what politicians or the public want. This keeps the legal system fair and unbiased, so everyone can trust that justice is based on evidence, not influence.
In a criminal trial, what is the role of the jury?
The jury listens to evidence and decides if the accused is guilty or not guilty.
Who makes the final decision in the High Court of Australia?
A panel of judges, usually seven, makes the final decision on constitutional and national legal matters.
During a music concert, Steven got into an argument with another person, James. The argument turned physical, and Steven punched James in the face. James was injured and needed medical treatment. The police charged Steven with assault. Later, James also decided to sue Steven in court to claim money for medical expenses and emotional distress.
Is this case criminal, civil, or both? Explain.
Both criminal and civil.
It’s criminal because assault is against the law, and the state (police) takes legal action against Steven.
It’s civil because James as the victim, is also seeking compensation (money) for injuries — a private dispute between two individuals.
In 2010, a man named Fadi was accused of a serious crime. Before his trial, several news outlets and social media posts reported that he was guilty, even though the court had not made a decision.
Question:
Explain in a short answer how this media coverage could affect Fadi ’s right to a fair trial.
The media coverage could influence public opinion and jurors, making it harder for Fadi to have a trial based only on the evidence presented in court.