Landmark Cases
What right was established in Dietrich v The Queen?
The right to legal representation.
What is the common law right to silence?
The right of an accused person to remain silent and not answer questions or give evidence against themselves in court.
Who presides over a court and ensures the trial is conducted fairly?
The judge
Which is established by parliamentary legislation: statute law or common law?
Statute law
Which document outlines the basic rights and responsibilities of Victorians?
The Victorian Charter of Human Rights and Responsibilities.
Which case recognized the right of transgender people to marry?
Kevin & Jennifer v Attorney-General.
What does the right to a fair trial ensure?
That an individual is judged by an impartial tribunal and given the opportunity to present their case.
What is the role of a jury in a criminal trial?
To listen to the evidence and decide on the guilt or innocence of the accused.
Which type of law is based on judicial decisions and precedents?
Common law
What right is protected under Section 18 of the Victorian Human Rights Charter?
The right to take part in public life, including the right to vote.
In which case did the High Court rule that holding youth offenders in an adult prison was a breach of their rights?
Certain Children v Minister for Families & Children
What is the right to legal representation?
The right of an individual to have a lawyer represent them in court, particularly in serious criminal cases.
Who represents the government in prosecuting a criminal case?
The prosecutor or Crown prosecutor.
Which is considered more flexible: common law or statute law, and why?
Common law, because it can adapt to new situations and social changes through judicial interpretation.
How does the Victorian Charter protect the right to a fair hearing?
By ensuring that every person has the right to have their case heard by a competent, independent, and impartial court or tribunal.
Which case established the common law right to silence?
Petty & Maiden v The Queen
How does the common law protect the right to privacy?
Through judicial decisions that recognize an individual's right to prevent intrusion into their personal life.
What is the role of a defense attorney?
To represent the accused person, ensuring their rights are protected and advocating on their behalf.
How can a statute override common law?
Parliament can pass legislation that abrogates or modifies common law principles.
What protection does the Victorian Charter offer regarding freedom of thought, conscience, religion, and belief?
It protects individuals' rights to hold and practice their beliefs without interference.
Which landmark case is known for establishing the principle of native title in Australia?
Mabo v Queensland (No 2)
What is the right to freedom from discrimination under common law?
The right to be treated equally under the law without unfair discrimination based on attributes like race, gender, or religion.
Who is responsible for making decisions based on precedent in a courtroom?
The judge, as they interpret and apply the law based on previous court decisions.
In which case did the courts recognize a common law right that was later codified by statute?
Mabo v Queensland (No 2), where the common law recognition of native title was later reflected in the Native Title Act 1993.
Which Victorian Charter right ensures that no one is compelled to give evidence against themselves?
The right not to be compelled to testify against oneself, protecting against self-incrimination.