Statutory Law
Who gives Royal Assent?
The monarch (king or queen) or their representative, such as a governor-general or governor
Which of WA's courts would manslaughter be referred to?
The Supreme Court
Provide me with a brief description of the word 'Crime'
A crime is an act or omission that breaks the law and is punishable by the government because it harms individuals or society.
Provide me an example of a consequence of someone who is found liable for breaking Civil Law
Paying Compensation (Damages)
Being Ordered to Stop an Action (Injunction)
Returning Property or Goods (Restitution)
Why does society need Rules & Laws
Maintain order
Protect rights and safety
Resolve conflicts
Promote fairness and justice
Guide behaviour
What is the purpose of Royal Assent?
It’s the formal approval needed for a bill passed by the legislature to become law.
Re-order WA's court Hierarchy (supreme court, magistrates court, high court & district court)
High Court (highest)
Supreme Court
District Court
Magistrates Court (lowest)
Outline the Purpose of criminal law in Australia
Criminal law in Australia exists to protect society, maintain order, punish and rehabilitate offenders, and ensure justice.
Provide me an example of a criminal penalty given to someone when they break Civil Law within society?
Trick Question!
Those found liable of breaking Civil Law will often instead be given Fines, Compensation or order to do/stop doing something
Provide me an example of a Rule, Law and a Custom
Rule: No running in the school corridors (enforced by the school).
Law: Speed limits on roads (enforced by government authorities).
Custom: Greeting people with a handshake or bow, depending on the culture.
Define Statutory Law
Statutory law is written law made by legislatures, like Congress or Parliament, to regulate behavior or set rules.
Define the term 'Precedent'
A precedent is a past court decision that guides judges in similar future cases to ensure consistent rulings.
Outline the 6x parties involved in a Criminal Trial
Presecutor
Defendant (the accused)
The Judge
The Jury
Witnesses
Defense Lawyer
The term 'civil dispute' means...
The term "civil dispute" means a disagreement or conflict between two or more parties over their legal rights and obligations that is not related to criminal law.
What is the difference between a Rule and a Custom
Rules are official and enforced; customs are informal and based on tradition.
How many stages to the passage of a bill through the Houses of Parliament?
1. First Reading
2. Second Reading
3. Committee Stage
4. Report Stage
5. Third Reading
6. Other House
7. Considerations of Amendments
8. Royal Assent
Provide me a brief description of Common Law
Common law is a legal system where laws are developed by judges through court decisions and precedents, rather than being made only by legislatures. It relies on past judgments to guide future cases.
Distinguish between the 'Burden of Proof' and the 'Standard of Proof'
Burden of proof = who must prove the case.
Standard of proof = how strong the evidence must be to prove the case.
What are the 2x parties involved within Civil Law and provide me a brief description of their role
Plaintiff (Claimant)
The person or party who starts the lawsuit by making a claim.
They say their rights have been violated and seek a remedy (like compensation).
Defendant
The person or party against whom the claim is made.
They respond to the plaintiff’s claim and defend themselves in court.
What is the purpose of the Parole System in Australia?
Reintegrate offenders into society
Encourage good behavior in prison
Reduce prison overcrowding
Protect public safety
Support rehabilitation and reduce reoffending
Define the terms 'act of parliament' and 'legislation'
Act of Parliament:
A law that has been formally passed by both houses of Parliament and received royal assent. It is a written statute that has legal force.
Legislation:
A broader term that refers to laws made by a legislative body, including acts of Parliament and other types of legal rules and regulations.
Link the offenses with which of WA courts the offense would be referred to: Murder, Traffic violations, Assault, Constitutional matters
Magistrates Court: Minor offenses like traffic violations or petty theft.
District Court: Serious offenses such as armed robbery or serious assaults.
Supreme Court: Most serious crimes like murder or manslaughter.
High Court of Australia: Not a trial court, but it hears appeals on constitutional matters or significant legal questions from lower courts.
Differentiate between 'summary offences' and 'indictable offenses'
Summary Offences: Minor offences usually heard in lower courts without a jury.
Indictable Offences: Serious offences that require a formal trial, often with a jury.
Gordon was found 'guilty' of breaking civil law within his local community. Replace the word 'guilty' with a more appropriate word for a Civil Law context.
'Liable' instead of 'Guilty'
What is the standard of proof involved in a Criminal Trial?
“beyond a reasonable doubt.”!!!