Law and Citizens Flashcards
(24 cards)
The principles of our legal system
All Individuals are equal before the Law
All individuals, regardless of race, ethnic background, sex, income level, or mental capacity, should be treated equally in the legal system.
The principles of our legal system
Individuals have the right to a fair hearing
The right to a fair hearing guarantees that individuals are treated justly and equitably in legal proceedings.
The principles of our legal system
The judiciary is independent and impractical
judicary - the court system
The courts are independent from elected Parliament and government, allowing judges and magistrates to make unbiased decisions, ensuring that no one, including the government, is above the law.
The principles of our legal system
Individuals have the right to a reasonable appeal
People dissatisfied with their case outcome have the right to appeal to a higher court, provided there are reasonable grounds for the appeal.
Where do laws come from?
The Austrilain constitution
Under the constitution the federal government has the ablility to make laws for all austrilans
Where do laws come from
Victorian Legislation
Victorian legislation comprises laws made by the State Parliament of Victoria.
Where do laws come for?
Federal legislation
Federal legislation consists of laws made by the Federal Parliament in Canberra.
Where do laws come from?
Common law
Common law is developed by judges through their decisions in cases.
Criminal law
Criminal law
It regulates behavior between individuals and the community.
Criminal law
Summary offences
Minor ofences heard by a magistrate
Criminal law
Indictable offences
Serious offences that are heard before a judge and jury
Criminal law
Defandent
A person charged with a criminal offance in court
Criminal law
Accused
The term used to refer to a defendant in the county or supreme court
Civil law
Civil law
Regulates behaviour between one individual and other individual
Civil law
Plaintiff
Is the person or organization who is bringing the case to court
Civil law
Balance of probabilities
The court will determine wheather a persons rights have been infringed
The Court Hierarchy
Magistrates court
Deals with minor or summary offences
Reletively minor cases
The Court Hierarchy
County Court of Victoria
Has both a criminal and civil jurisdiction
Has the right to hear appeals
The Court Hierarchy
Supreme Court of Victoria
To hear the most serious criminal cases such as murder and attempted murder
It is the highest victorian court
The Court Hierarchy
High Court of Australia
Plays a role in the interpretaion of the meaning of words and phreases in the austrilan constitution
It is ultimate authority of common law
Prosecution
Is to represent the state or community and present evedent to prove a defendant guilt
Judge
To hear cases and make sure both parties have equal opportunity to present their case
Jury
A group of citizens selected from the community to listen to the evedence and determine the facts of the case
Witness
To give evedence and asked to tell the court what happend, questions asked by prosecutir and defence lawyer
