Picture This
Statutory and Common Law
Criminal Law and Civil Law
National Identity
Miscellaneous*
100
Civil or Criminal?
Civil - Family Disputes
100
What is common law?
Judge-made law developed through court decisions, where judges interpret situations and create rules that apply to similar future cases.
100
What is criminal law?
A person is accused of committing a crime against society. The government prosecutes these cases to punish offenders, deter crime, and protect the community.
100
What does national identity mean?
The feeling of belonging to a country because of shared traditions, language, and culture, and feeling connected to others through common history and symbols.
100
What is the difference between rules and laws?
Rules are guidelines for specific places or groups, like schools or sports teams and laws are official rules made by the government that everyone must follow.
200
Civil or Criminal Law?
Civil - Negligence
200
What is statutory law?
Written legislation (Acts of Parliament) created when a bill passes both houses of federal or state parliament and receives Royal Assent from the Governor-General or Governor.
200
What is civil law?
Deals with disputes between individuals or organisations, such as disagreements over contracts, property, or negligence
200
In Australia, what does the phrase “a fair go” represent?
It means everyone should have an equal chance to succeed and be treated fairly, regardless of their background.
200
What is customary law?
Customary law refers to the traditional laws and practices of Aboriginal and Torres Strait Islander peoples. These laws are based on culture, traditions, and beliefs that have been passed down orally through generations and guide how communities live, resolve disputes, and care for the land.
300
What type of criminal offense is this?
Summary (minor)
300
Describe what is meant by 'precedent'
A past court decision that acts as a guide for future similar cases. Lower courts must follow binding precedents from higher courts like the High Court to keep decisions fair and consistent.
300
Describe the difference between summary offences and indictable offences?
Summary offences are minor crimes (like petty theft or traffic fines) heard quickly in Magistrates Court with less severe sanctions (punishments). Indictable offences are serious crimes (like robbery or murder) that go to higher courts like District or Supreme for longer sentences and full trials.
300
What was the White Australia Policy, and how did it shape national identity?
It was a policy introduced after 1901 to keep Australia predominantly white and British-descended, restricting non-European migration and marginalising Indigenous peoples, which created a less diverse society. This made the idea of what it was to be 'Australian' very narrow.
300
What is NOW (and should always have been) recognised as foundational to Australia's identity?
* foundational - key aspect of and original starting point for understanding Australia's shared identity and connection to Country
Indigenous Australians' history and cultures.
400
What type of law does this represent?
Indictable offense
400
How and when is common law created in Australia?
Created by judges in court when no written law (statute) fits the case. They look at past cases and facts to make a new rule that lower courts can use next time.
400
Why does Australia have a court hierarchy to handle different crimes?
Australia uses a hierarchy (Magistrates for minor crimes like theft, District for serious ones like robbery, Supreme/High Court for major like murder) so simpler cases go fast in lower courts, while complex ones get expert judges and appeals for fairness and consistency.
400
Identify three effects of cultural change in Australia.
- Positive economic impact (tourism, trade, innovation).
- Increased social tolerance and understanding.
- More cultural events and celebrations.
- More diversity (people from many different backgrounds)
400
Outline 2 differences between customary and statutory law.
- Customary law comes from the traditions and cultural practices of Aboriginal and Torres Strait Islander peoples.
- Statutory law is created by parliament and written into legislation that applies to everyone in Australia
- Customary law applies within Indigenous communities and is based on kinship, land, and cultural obligations.
- Statutory law applies to all Australians and is enforced by courts and police.
500
What type of law and which concept does this cartoon show?
Type of law - Common law
Concept - Precedent
500
If parliament passes a new Act (statute) that changes a common law rule, what happens to the old judge-made rule?
The old common law rule is replaced. The new statutory law takes over completely, and courts must follow the Act instead.
500
Outline the main differences between civil and criminal cases in Australia.
Criminal cases: State prosecutes, prove "beyond reasonable doubt", goal is punishment (jail/fines), public wrong. Civil cases: Private plaintiff sues, prove "balance of probabilities", goal is compensation or orders, private dispute.
500
How has Australia’s national identity changed over since the 1970s?
It shifted from a British-based identity to a multicultural one. The White Australia Policy that tried to keep Australia mostly white and British, was removed and a multicultural policy was introduced. Since then, people from many different countries have come to live here. Today, Australia is proudly multicultural, which means it includes people from from many different cultural backgrounds. We celebrate this diversity through food, festivals, languages, and traditions, and it’s now a big part of Australia's national identity.
500
Describe two differences between criminal and civil law.
Purpose: Criminal law punishes offenses against society (e.g., theft, murder); civil law resolves private disputes (e.g., breach of contract).
Who initiates: Criminal cases by government (e.g., assault prosecution); civil cases by individuals (e.g., negligence lawsuit).
Burden of proof: Criminal requires "beyond reasonable doubt"; civil uses "balance of probabilities"
Goal: Criminal law aims for punishment (e.g., jail for theft); civil law seeks compensation (e.g., damages for negligence)