The Court System
The role of the magistrate
Hears cases in the local court
In a criminal case who prosecutes the alleged criminal
The state
From what age can someone be convicted of a criminal offence
10
What are the three arms of the separation of powers
Judicial, Legislature an executive
What percent of civil cases start in local court
90%
What is the term used to describe ‘a previous legal decision that serves as a rule or pattern in future cases?’
Precedent
From what age can someone receive a criminal record?
16
What is the role of the Judicial arm of Government
The Judiciary makes judgements about the law
List the Australian court hierarchy (bottom tier to top tier)
Local and Specialised, District, Supreme, High
Define negligence
The failure to exercise proper care, which could result in another person being injured, suffering, or at risk.nce
What does it mean by 'beyond reasonable doubt'?
If a legal case or a person's guilt is proved beyond reasonable doubt, there is enough proof for the person accused of a crime to be judged guilty.
Who made up the executive arm of the government?
The Executive is made up of the King (represented by the Governor-General), Prime Minister and ministers
How can we change the Constitution?
Through a Referendum
Define age of majority
18 years of age. This is the age a person is considered an adult.
Define the Latin Terms Actus Reus and Mens Rea
Guilty Act (Proving someone physically committed the crime)
Guilty Mind (Proving someone had the intention of committing a crime)
What is meant by the Division of powers
The powers of the local, state and federal government
What is the range of which you can sue in the District court？
$100,000 - $750,000
Which country did the Australian parliamentary system originate from?
England
A driver is speeding and loses control of his car which leads him to crash into a pedestrian who is killed instantly in front of shocked witnesses. Are Mens Rea, Actus Reus, or both present in this situation?
Actus Reus
Explain the purpose of checks and balances
Power is balanced between the three arms of government and Checks ensure not one person or group becomes too powerful.