Basic Legal Concepts
Explain the difference between rules and law
Enforceability, application
What is common law
Common: judge made law; historically, law common to England.
What is the lowest court in the NSW hierarchy
Magistrates or local
What is public law? Provide two examples
Criminal, Administrative and Constitutional
What is the standard of proof in a criminal case
Beyond reasonable doubt
Identify three elements of just laws
Knowable, accessible, enforceable, consistent, amendable
What is statute law - provide an example
Laws made by parliament - Crimes act 1900 NSW
Which Court would hear a sexual assault case
District
What is Civil law? Provide three examples
Tort
Contract
Property
What is the standard of proof in a civil case
On the balance of possibilities
Outline the three principles of Natural Justice
Know the charges laid against you
Be judged by a unbiased arbiter
Have the decision based on evidence
Which three branches of state does the separation of powers involve?
Legislature, Judiciary and Executive
Which three courts can the Court of Criminal Appeal hear appeals from
Local, District, Supreme
Who has the burden of proof in a criminal trial
Prosecution
What is the role of the jury in a criminal case?
Determine guilt or innocence based on the evidence provided in court
Define anarchy and tyranny providing examples
Anarchy = lack of formal government control eg: Somalia
Tyranny = despotic, authoritarian, totalitarian regimes eg: Hitler, Stalin
Outline three roles of the high court
Highest court of appeal, interpret Constitution, constitutional validity, disputes between state and federal governments
What is the Highest Court of Appeal in Australia?
High Court of Australia
Outline the role of a judge in a criminal trial. Provide four examples
Impartial referee
Pass sentence
Admit evidence
Advise the jury
Ensure due process
Compare and contrast common and civil law systems (adversarial v inquisatorial)
Role of the Judge
Jury
Describe the Rule of Law and provide three examples of its application
The law applies equally to everyone no one is above the law. The separation of powers is evidence of the application of the rule of law
Name three ways in which the Australian Constitution protects human rights
SOP, DOP, High Court, Judicial Independence, explicit and implied rights, democracry
Explain the Doctrine of precedent, referring to binding and persuasive precedent
Lower courts bound by ratio decidendi of higher courts, same courts can be persuasive
Outline three criticisms of the adversarial trial system
Role of the jury
Trial by media
Legal representation
What three things can a judge take into account when passing sentence
Aggravating, mitigating, victim impact statement