Legal Studies - PART A

Question 1

What are the charcteristics of effective laws?

Answer 1

• set out expected behaviour
• reflect the values of society
• a means to resolve disputes

Question 2

When was the Magna Carta drafted?

Answer 2

1215

Question 3

What was the Magna Carta?

Answer 3

A peace treaty between King John and a group of his barons who rebelled.

Question 4

What was King John doing around the time of the Magna Carta that led his barons to rebel?

Answer 4

• cruel system
• excessive taxes
• huge military support

Question 5

What did the Magna Carta establish?

Answer 5

Nobody not even the Monarch was above the law.

Question 6

What did the Magna Carta lead to?

Answer 6

• trial by Jury
• outlawed detention without reason
• no taxes without reason

Question 7

When did Captain Authur Phillip land in Sydney Cove?

Answer 7

1788

Question 8

What occured when British settlers landed in Australia?

Answer 8

• Australia declared ‘terra nullius’
• no recognition of Aboriginal laws
• Indigenous Australians now bound by King George III’s laws

Question 9

What would happen if a country was not declared to be ‘terra nullius’?

Answer 9

The colonial power had to negotiate and draw a treaty.

Question 9

What does ‘terra nullius’ mean?

Answer 9

Land belonging to no one

Question 10

What is a constitution?

Answer 10

A set of rules that specifies powers, responsibilities and roles of the governing bodies of a state/country.

Question 11

When was the Federation of Australia?

Answer 11

1901

Question 12

How did the Federation of Australia come about and what did it result in?

Answer 12

• need for set of rules governing the new Commonwealth of Australia
• resulted in the drafting of the constitution

Question 13

True or False?

Each Australian state has its own constitution.

Bonus

England has a written constitution.

Answer 13

True

Bonus

False - England doesn’t have a written constitution.

Question 14

What is Indigenous Customary Law?

Answer 14

• Governence of the people
• Court hearings held in a sorry camp
• Established before colonization

Question 15

What does Customary Law allow for that Australian Law does not?

Answer 15

• Allows familes to grieve and for people to speak freely
• Australian Legal system (silence in the court)

Question 16

What do Judges within Australian Law rely soley on?

Answer 16

Facts/Evidence

Question 17

What did the British not recognise when they declared Australia to be ‘terra nullius’?

Answer 17

Indigenous Australian’s had Laws and therefore ownership

Question 18

What happened in the High Court of Australia in 1992?

Answer 18

• Eddie Mabo
• ‘Native Title Act’ to High Court
• Australia already owned by Indigenous before colonization

Question 19

What is the Rule of Law? What does it relate to?

Answer 19

• Doctrine: “all people are equal before the law”
• Central to Australia’s Legal System

Question 20

To ensure the rule of law is upheld, what must all laws be?

Answer 20

• clear
• predictable
• accesible

Question 21

In the eyes of the law is the defendent/accused person:

a) gulity because they look that way
b) guilty from the moment they walk into the court
c) innocent until proven guilty

What is this known as?

Answer 21

c) innocent until proven guilty
(presumption of innocence)

Question 22

Who is subject to the law? What is this called?

Answer 22

• Everyone (regardless of status)
• including organizations
• equality before the law

Question 23

Police Officer Jim, doesn’t really like Tom, and pleanty of people don’t like him either. Jim doesn’t have any evidence against Tom, but he’d like to arrest him anyway. What’s stopping Jim?

Answer 23

The Rule of Law: no one can be arrested without evidence or reason.

Question 24

Remy can't access information about a certain law he's curious about. Lily who can access it, is having awful trouble trying to understand what it means for her life. James who's Dad is a police officer doesn't think the law is ever easy to put into action. Identify the overall problem surrounding these three kids?

Answer 24

Rule of Law: All laws must be clear/known/enforceable

Question 25

Who decides the punishment of the guilty?

Answer 25

The Court - but only in proportion to the offense

Question 26

Are the police/government involved in the Court?

Answer 26

- Court is independent - resolves disputes fair/public manner

Question 27

What is the legal tradition of Australian society?

Answer 27

Laws are followed/enforced

Question 28

How do we ensure trials are fair and that justice is achieved for victims/defendent (accused)?

Answer 28

- Judges independent/impartial

Question 29

# True or False: People can't voice their opinions on the law and are not allowed to discuss possible problems surrounding it?

Answer 29

False - people can speak freely about problems within the law | Free to assemble in public - MUST be peaceful

Question 30

To change rules/laws within society what must happen?

Answer 30

1. Rules are voted on 2. Passed on to Parliment 3. High court - official interpretation 4. Nationwide referendum for change

Question 31

What is a Bench Clerk's role in a courtroom?

Answer 31

- sits infront of magistrate/judge - assists with administration/legal research

Question 32

What is the role of the Witness in the court?

Answer 32

- provide evidence for defense/prosecution - must swear the oath/tell truth

Question 33

What is the role of the Magistrate/Judge?

Answer 33

- presides over court - instructs what the law is - decides whether defendent is guilty/not - addressed as "your honour"

Question 34

What is the role of the Jury?

Answer 34

- **12 people** - name appears on the **electoral roll** (random) - present at **civil/criminal cases** - **'trial by peers'** - *decide* whether the defendent/accused is **gulity/not** *(unanimous - **beyond reasonable doubt**)* - **'hung jury'** - jury that can't do this (new jury and case begins again) - only needed for **indictable offences** (serious offence)

Question 35

What is the Prosecutor's role in the Court?

Answer 35

- creates a case against defendant - prove why defendant should be held responsible

Question 36

Explain the Defence's role in the Court?

Answer 36

- create a case to prove the defendant innocent

Question 37

A defendant, who are they? What is their significance in a court case?

Answer 37

- accused - reason the court is in session

Question 38

What involvment do the public have in the court?

Answer 38

- observe proceedings **silently** - encouraged to attend trials

Question 39

# True or False: Certain Jury members can be removed to remove bias.

Answer 39

True

Question 40

What is the Court Hirachy?

Answer 40

1. High Court 2. Supreme Court 3. District/County Court