Society
What is a habitual practice handed down from one generation to the next?
Customs.
What is the name of the area in a criminal courtroom where the defendant sits during a trial?
The Dock.
What are the names of the two chambers of the Federal Parliament?
1. House of Representatives (Lower House).
2. The Senate (Upper House).
What is the Jury foreman?
An elected member of a Jury, who acts as a go between for the judge and the rest of the jury members.
Who is the current Australian Prime Minister?
Mr. Scott Morrison.
Why do laws often need to be reformed?
Because society's views, culture and ethics are often changing, so laws need to reflect new views on issues facing society.
What are two features of Criminal law?
1. Criminal law refers to those actions that have been declared illegal.
2. They are prosecuted by the state (city, state or country).
What are the steps to creating an Act in Parliament?
•STEP 1: First reading.
•STEP 2: Second reading.
•STEP 3: Committee stage.
•STEP 4: Third reading.
•STEP 5: Other house.
•STEP 6: Royal assent.
•STEP 7: The bill becomes an Act of Parliament.
•STEP 8: Act becomes law.
What is the Rule of Law?
The idea that all should be equal before the law, and that the legal system has a set of checks and balances in place to ensure power is exercised according to the law, not outside of it.
What law is still on the Queensland Criminal Code, regarding horses and pubs?
All pubs and clubs must provide a hitching post for people to tie up horses should they ride to a pub or club.
Describe the difference between fairness and equality.
Equality involves treating people equally and providing people with equal opportunities.
Fairness involves achieving equal outcomes for people, which may involve giving disadvantaged people more opportunities.
What are two features of Civil trials?
1. Civil Law does not involve the government, it is between two private parties.
2. Only a majority of jury members decision is needed in this case.
How can the Australian Constitution be changed?
Only via a referendum, which requires all Australian's eligible, to vote yes or no, to making changes to the Constitution. For the referendum to be successful, a majority of states, need to have a majority vote yes.
What is bail?
An undertaking that a person released from custody will return to undertake legal proceedings, often with a monetary forfeiture added to ensure the person returns.
What was Lydia's role, when we met her at the courthouse in Emerald?
Judge's Associate.
Explain the role of a Jury.
A group of 12-14 people from the community, selected at random, to judge the guilt or innocence of an accused criminal. This take the responsibility of finding guilt away from judges.
What are the four elements of an effective law?
1. Known to the public.
2. Acceptable in the community.
3. Applied consistently.
4. Clear.
What are the three sources of Australian laws?
1. The Australian Constitution.
2. Statute Law.
3. Common Law.
What is the Adversarial System?
The system of trying criminal cases, where the responsibility for gathering evidence rests with the parties – police and defense - which sees an independent evaluation of that evidence by a neutral jury and judge.
How many courtrooms are there withing the Supreme Court building in Brisbane.
40.
What are three reasons for laws to exist?
1. Protection & Safety.
2. Rssolving disputes.
3. Ensuring society functions.
What is the purpose of a Criminal Hearing?
A hearing, where a magistrate must decide if there is enough evidence on which a jury could convict, to send the defendant to trial in the District Court or Supreme Court.
Explain the 'Separation Of Powers' doctrine.
The principle that there are three powers of government—legislative, executive, and judicial—and that a country’s liberty depends on these three powers being invested in separate bodies.
What is a precedent?
A judicial decision which, when given in a higher court, is binding on the courts below it.
What television series details the exploits of an American small claims magistrate?
Judge Judy.