Civics and Citizenship- Courts and Law Topic Test Flashcards
Hass (23 cards)
What is statutory (statute) law?
Law made by parliament.
What is common law?
Law made by judges.
What is civil law?
A dispute between two or more parties due to an alleged breach of individual rights. Usually involves money.
What is criminal law?
An act that causes harm to an individual or society.
What is a precedent?
When a case’s outcome is based on previous similar cases.
What is customary law?
Aboriginal or Torrestrait Islander law based on the ‘dreamings’.
What is tresspassing?
Entering private property without permission.
What is defamation?
Damaging someones reputation.
What is negligence?
When a party fails to protect individuals from harm.
What is trial by media?
When media spreads information quickly about someone and creates an impression of guilt before the trial.
What is corruption?
Dishonesty by those in power, typically involving bribery.
What is coercion?
Using power to control people into situations that lead to false outcomes.
What is a miscarriage of justice?
When someone is wrongfully convicted of a crime they did not commit.
What is a mitigating factor?
A positive factor that contributes to a reduction in sentencing.
What is an aggravating factor?
A negative factor that adds to a sentencing.
Court hierarchy of WA (in order)
Supreme Court, Supreme Court of Appeal, District Court, Magistrates’ Court, Family Court
How do WA courts differ from the other courts in Aust.
The district court in WA can hear murder cases, and there is a family court.
2 examples of a civil case.
- (Personal Injury) A driver sues another driver for medical expenses after being injured in a car accident.
- (Defamation) A person falsely claims on social media that a local restaurant serves spoiled food, causing customers to stop visiting.
2 examples of a criminal case.
- (Theft) A person is caught shoplifting clothes from a store.
- (Assult) Someone punches another person during an argument, resulting in harm.
What does the ‘rule of law’ mean?
Everyone must follow the law, and no one is above it.
Why is there a court hierarchy in WA?
Ensures efficiency by organizing cases by seriousness and allowing for appeals.
Undermining Justice
Court delay, trial by media, coercion, corruption
Key differences between criminal and civil cases.
In criminal cases, THE GOVERNMENT BRINGS THE CHARGES against an individual for violations of criminal law.