Politics and Law Flashcards
(222 cards)
1
Q
recent
A
last 10 years
2
Q
Contemporary
A
last 3 years
3
Q
Representation
A
In a representative democracy, representation refers to the people that you vote for to represent you in parliament. People typically vote for those whose policies align with the values that they hold
4
Q
Political Participation
A
Political participation is the active involvement of citizens in a political system, which may include voting, involvement in political parties, pressure group activities and protests
5
Q
Fixed Terms
A
Fixed date for election e.g. WA state election every 4 years
6
Q
Maximum Terms
A
Election has to occur before a certain date e.g. Commonwealth election occurs within 3 years of House of Representatives first session
7
Q
Senate
A
Proportional representation
12 senators elected per state
2 senator elected per territory
8
Q
House of Representatives
A
Preferential voting, vote for your electorate
9
Q
Double dissolution election
A
Type of election designed to break a deadlock between the two houses . A double dissolution election elects all senators
10
Q
Senate Rotation
A
Half the senate is elected every 3 years. Half the senators from each state and territory are re-elected at each election. The senate rotation inspired by the US ensures continuity and stability in government by ensuring a portion of the previous parliament remains in a new parliament
11
Q
Who decides when federal election is held?
A
PM advises the GG to dissolve the HOR within 3 years of its first session
12
Q
HOR - electorate size
A
Single member electorate
13
Q
Senate - electorate size
A
Multi member electorate
14
Q
Electoral system
A
Mechanism for choosing parliamentary representatives. Australia follows the Westminster convention, where a parliamentary election is convened, resulting in the formation of a parliament. Following the election, the majority faction within the elected parliament chooses the executive government
15
Q
Electorate
A
An electorate is a geographical region comprising many citizens with the political right to elect representatives to speak and act on their behalf in the legislative assembly
16
Q
Delegate Representation
A
Representatives actively communicate with their constituents, understanding their values and concerns. They then convey these views directly to parliament. Their personal beliefs don’t influence their actions
17
Q
Trustee Representation
A
Constituents trust their representatives in parliament to make the best decisions. These representatives don’t need to communicate with their constituents about every issue. Instead they often act based on what they believe is right
18
Q
Partisan representation
A
Representatives follow their political party’s beliefs and directions. Most electors choose their representatives based on party affiliation, so they expect these representatives to act in line with party policies
19
Q
Mirror Representation
A
When the legislature’s composition mirrors society’s diversity. For example, the legislature should reflect the gender ratio of society
20
Q
Principles of fair elections
A
Maximise political participation
Protect political rights and freedoms
Administered by independent authority
Provide accountability for elected officials and
21
Q
Why are electoral systems important in a representative democracy?
A
Produce effective and stable government
Accountable representatives
Uphold political rights and freedoms
Diverse Representation
22
Q
Why are elections held regularly and frequently?
A
Ensure parliament is always acting towards helping people’s best interests
Provide accountability for elected officials
23
Q
Strengths of majoritarian electoral systems
A
Majority rule, strong bonds between MPs and constituents
24
Q
Weaknesses of majoritarian electoral system include
A
Exaggerates winner’s margin in both constituencies and parliament, limits representation of minor parties , thereby decreasing overall political engagement
25
Features of first past the post electoral system
Simple majority required to win
Electors choose one candidate from a list
Simplicity makes it easy for electors and ensures quick vote counting
Accountability is high
26
Winner's bonus
Percentage of total seats won is greater than percentage of total votes won by the election winner. A disproportional number of seats is won by an election winner. Feature of all majoritarian electoral system
27
Vote wastage
Votes for non-winning parties are effectively disregarded
28
Vote splitting
Similar parties split the majority votes, so a less preferred party wins
29
First Past the Post system strengths
Easy to understand, each electorate has close connection to MP, majority rule
30
First Past the Post System weaknesses
Split votes between similar parties, least preferred party can win, limits representation of minor parties
31
When did Australia stopped using FPTP voting
1918
32
Features of preferential voting
Need absolute majority to win 50% + 1 vote, rank candidates by preference, if no candidate secures absolute majority votes for less preferred candidates are distributed according to preferences until candidate achieves absolute majority
33
Exhaustive voting
Number all candidates by prefence
34
Optional voting
Number only select number of candidates
35
Preferential voting advantages
Enhanced majority rule, ensures elected candidate is an electorate's preferred choice, elimination of vote splitting, promotion of accountability, opportunity for smaller parties
36
Preferential voting disadvantages
Complexity, vote wastage, over representation of major parties, complicated preference deals, potential for skewed results, limited reflection of societal diversity
37
When was preferential voting introduced in both houses
1918
38
When was proportional voting introduced in the senate and why?
1949, As under preferential voting between 1918 and 1949, two major parties dominated the senate diminishing its capacity for effective oversight
39
Advantages of single transferrable vote proportional representation?
Fairer for electors, candidates and parties, easier for diverse candidates to get elected, fosters a multi party system and better mirrors societal diversity, often leads to hung senates which are common under STV/PR which necessitates negotiation and compromise encouraging senate's review function
40
Disadvantages of single transferrable vote proportional representation?
Complex, diluted line between electors and representatives which weakens accountability, hung senate can lead to legislative impasses, can undermine majority rule principle
41
Quota
Percentage of votes required to win a seat in an electoral system with proportional voting
42
Group Ticket Voting (GTV)
'Party vote' where voters accept party's candidate preferences
43
Above the line voting
Rank preferences for 6 parties and accept party's candidate preferences
44
Below the line voting
Number 12 individual candidates in order of preference
45
What did the 2016 senate reform achieve
Diminished ability for preference deals among minority parties
46
Electoral compromise
Combination of both majoritarian and proportional systems to create an ideal electoral system in bicameral parliament
47
Benefits of electoral compromise
Maximise political participation and diversity
Ensure all Australians are represented
Protect political rights and freedoms
48
Franchise
Right to vote. In Australia, franchise extends to all Australian citizens over the age of 18. Excludes those incarcerated for a period over 3 years
49
Compulsory Voting
Mandatory election of eligible electors. Has been enforced in Australia since 1924 and embraced in all states since 1936
50
Compulsory Voting Advantages
Enhanced voter engagement, better informed citizens, strengthening democratic principles, increased legitimacy and authority, mitigation of extremist influences, policy centric political debate
51
Compulsory voting disadvantages
Freedom concerns, impact of disinterested electors
52
Role of AEC
AEC is an independent, statutory authority responsible for upholding Australian citizens' right to vote
53
One vote one value
Each vote is worth is the same amount of votes
54
Malapportionment
Number of voters in an electorate are inconsistent with the number of voters in other electorates, outside an acceptable margin of difference. It is a deliberate feature of the constitution in the senate which provides equal representations of the states
55
What percentage of Australia's population are Tasmania and NSW
Tasmania - 2%, NSW - 33%
56
Role of Governor General
Minor role
Issues a writ to dissolve the HOR before a general election, on advice of PM
After election appoints leader of party with majority in HOR as PM
57
What happened in 1984?
Senate reform introduced - Group ticket voting and split ballot into (party vote) - above the line and (candidate vote) - below the line
58
What did the 2016 senate reform achieve?
Prevented manipulation through party preferences harvesting
59
1951 - What percentage of votes went to major parties? 2025?
1951 - 98%
2025 - 66.2%
60
Single member systems can skew results so they undermine majority rule principle - statistic
1998 federal election
Kim Beazley ALP 50.98% National Vote 67 seats
John Howard Liberal National Party Coalition 49.02% National Vote 80 seats
61
In US there are separate elections for:
President, Vice President, Both houses of congress
62
Elections for 50 state governors and state congresses, all elected ___________
separately
63
Several states have elections for:
Judges, attorney general, secretaries of state, school boards and sheriff
64
What electoral systems are used for presidential elections and both houses of congress
First Past the Post
65
In US are the legislative and executive branches elected together or separately?
separately
66
Why is the existence of voluntary voting in the US so important?
Makes mobilising electors integral to electoral process
67
What independent agency appointed by the president and confirmed by the senate runs elections in the US?
Federal electoral commission
68
Roles and purpose of Federal Electoral Commissions?
Overseas campaign financing and donations to political parties and candidates. Does not organise and run elections. Significantly weaker than AEC because State congresses control electoral processes
69
Main features of US federal executive
Consists of electoral president and vice president and cabinet of secretaries appointed by and accountable to President
President elected for 4 years
Since 1947 limited to two terms by 47th amendment in constitution
70
Caucus
Meeting where group of people vote on their preferred candidate in a non-anonymous fashion
71
Primary
Voters turn up at polling booth and vote in secret
72
Democratic primaries
3,979 delegates available and 771 superdelegates
73
Republican primaries
2,429 delegates available and 157 super delegates
74
How many US Presidents have won office despite not winning popular votes and how many in the last 25 years?
5, 2
75
Electoral College
Legal mechanism for electing president and vice president
76
In recent years who has led calls for the abolishment of the electoral college
Democrats
77
When was electoral college adopted, how many electoral college votes are there and how they are allocated
1787, 538 electoral college votes 2 per state for senate and seats in House of Representatives distributed by population
78
2 functions of Congress
1. Represent US citizens in districts and states
2. Make laws
79
How often do congressional and presidential elections occur?
2 and 4
80
Conditions to run for HOR
aged at least 25
US citizen for at least seven years
Living in state they choose to represent
81
Conditions to run for senate
aged at least 30
living in state they choose to represent
82
Conditions to run for president
aged at least 35
US born
US resident for 14 years or more
83
Process for electing president
1. Candidates nominate
2. Caucus/primaries
3. National conventions
4. General elections using FPP
5. Electoral College
6. Inauguration - president sworn in
84
Mid term election
Congressional election takes place on a year when there isn't a presidential election. Off year congressional elections average 17% less voters than on year elections
85
Gerrymander
Drawing of electoral boundaries to disadvantage political opponents. Does not occur in Australia, as electoral boundaries are redrawn by AEC, an independent agency
86
What are the powers of the AEC?
AEC has power to establish redistribution committees
AEC is an independent commission
87
Voter suppression
Involves tactics aimed at making it harder for certain people to vote. Can include strict laws about who can vote and methods like limiting voting opportunities
88
Political Party
Group of people with shared political ideology that seek to achieve representation in parliament and influence law/decision making. Can be classified as major, minor or micro parties
89
3 key roles of major political parties in Australia
1. Provide organisational support
2. Avenue for community groups to influence decision making process
3. Responsible for structure of machinery of government
90
Major Party
Political party capable of winning majority of seats in lower house and forming government. E.g. labour, liberal
91
Minor Party
Political party capable of winning seats in parliament but not capable of forming government in its own right. E.g. nationals, greens
92
Micro Party
Political party that is unlikely to win multiple seats in parliament and tends to campaign on a narrow range of issues. E.g. United Australia Party, Central Alliance
93
Political Spectrum
Way of representing political ideologies in relation to one another
94
Pressure Groups
Associations formed by people with common interests who seek to influence law and decision making
95
4 ways pressure groups involve themselves in electoral processes
Donations
Policy advice
Logistical support
Broadcast and narrowcast media advertising
96
Lobbying
Act of communicating with a decision maker within the political system in an attempt to influence policy and law making
97
Judicial Power
Power to adjudicate, to make decisions that have the force of law, to make legally binding decisions. It is the power exercised by the courts
98
Where did common law originate from
England, 1066
99
How many countries worldwide use common law legal system?
80 countries
100
Stare decisis
to stand by what has been decided. I.e. judicial reasoning is similar in cases with similar facts
101
4 advantages of the overarching principle that underpins the common law system
Fairness
Predictability
Consistency
Flexibility
102
Precedent
An earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances
103
Court hierarchy
System of ranking courts
104
Reasons for existence of a court hierarchy
Doctrine of precedents
Appeals
Specialisation
Administrative convenience
105
Original jurisdiction
Where case is first heard / court of first instance
106
Appellate jurisdiction
Cases heard on appeal
107
Summary offence
Less serious crime
Maximum term of imprisonment is up to 3 years
Criminal matters in jurisdiction of Magistrates Court of WA
Trial by jury is not a right
108
Indictable offence
More serious crime
Maximum term of imprisonment is more than 3 years
Criminal matters in jurisdiction of Supreme Court of WA (maximum term of imprisonment = life) and District Court of WA (maximum term of imprisonment = 20 years)
Trial by a jury is a right
109
Cases (criminal and civil) heard in magistrates court
cases where damaged claimed are less than $75,000
Summary offences
110
Cases (criminal and civil) heard in district court
cases where damages claimed are between $75,000 and $750,000
maximum term of imprisonment is between 3-20 years
111
Cases (criminal and civil) heard in supreme court
Cases where damages exceed $750,000
Maximum term of imprisonment is 20+ years
All homicide and large scale drug matters
112
Ratio decendi
Central rule in judgement. Ratio binding on lower courts in the lower hierarchy. Ratio that becomes a precedent
112
Obiter dicta
Other components made in the judgement but do not form part of the ratio
113
What is the key difference between ratio decindi and obiter dicta
ratio decindi is binding whereas obiter dicta is merely persuasive
114
Binding precedent
Court is required to follow a decision made by a higher court
115
Persuasive precedent
Where a judge may be tempted to make a similar judgement based on a decision made in another court that it is not bound to
116
Tort
A wrong/a situation where one person is harmed by another and gives a person the right to sue
117
Negligence
The failure to take the level of care that a reasonable person would take, resulting in harm
118
4 methods for avoiding precedent
1. Distinguishing
2. Overruling
3. Reversing
4. Disapproving
119
Statutory interpretation
The process by which the courts interpret and apply legislation
120
3 reasons why statutory interpretation may be needed
1. Need for interpretation - multiple possible meanings
2. Word meanings - homogenous
3. Time and changing circumstances - statutes need to fit new and evolving circumstances
121
Literal Rule
Provides examination of language and wording used in statute as a whole and nothing else
Context is not considered
Can lead to absurd outcomes (not what parliament intended)
It is the first rule applied
122
Golden rule
Applied after literal rule
May be applied if application of literal rule will lead to an absurdity
123
Mischief Rule
Identifies and remedies the "mischief" that parliament was trying to prevent
Oldest rule
Originates from Heydon's case (1584)
Applied third, after golden rule
124
Purposive approach
Modern rule of interpretation universally followed by all Australian courts
Incorporates parts of literal, golden and mischief rules
Simultaneously considers the text, context and purpose of a law
125
Noscitur asociis
'by the company it keeps' - words take the meaning of the context in which they appear
126
Ejusdem generis
'Of the same kind' - where a law lists specific classes and then refers to them in general
127
'Expressiounis est exclusio alterius
'the express mention of one excludes all others'
128
Literal Interpretations
use judicial interpretation conservatively
interpret statutes as they are written
respect the strict separation of powers
129
Activist interpretations
Use judicial interpretation to update statutes
Respect separation of powers but within context of parliament sovereignty
130
Parliamentary sovereignty
The supreme law making ability of legislature. Enables legislature to amend or reveal previous legislation and abrogate common law
131
Separation of powers
Allocation of law-making powers to separate into independent arms of government - the legislative, executive and judiciary
132
Ideals of a trial system in a liberal democracy
Protection of rights
Enforcement of obligations
Impartiality and fairness
133
Natural justice
Rules and procedures (due process) to be followed by any person or agency that has to adjudicate in disputes between others about the right of others to ensure a fair trial. Minimises bias, right to fair hearing
134
4 principles of natural justice
1. Impartial adjudication (judge and/or jury)
2. Hearing both parties (equal opportunities for each party to know the case against them and to present their case)
3. Evidence based decision
4. Transparent and open court processes (to ensure public confidence in justice)
135
How do adversarial trials seek to find the truth?
Through contest between parties that reveals the truth through:
Highest quality evidence party can locate
Rigorous testing of evidence by parties themselves
Quality legal argument and counter argument concerning interpretation of laws
136
Burden of proof in adversarial trials
Rests with accuser regardless of type of trial
137
Plaintiff
Party that initiates a civil dispute and seeks relief against another through judicial proceedings
138
Defendant
Person against whom civil or criminal proceedings are brought. They are presumed innocent and are protected by a number of legal rights
139
Prosecution
The party that commences criminal proceedings on behalf of the state
140
Standard of proof
extent to which a disputed fact must be proven in order to be legally established. Lower standard of proof in civil disputes (balance of probabilities) compared to criminal disputes (beyond a reasonable doubt)
141
Judicial independence
Democratic principle that requires judicial power to be exercised independently of legislative or executive influence
142
Role of judge
Ensures fair trial by enforcing trial procedures designed to uphold natural justice
Decides remedy in post trial phase of civil trials
Decides sentence in post trial phase of criminal trials
Finds facts and decides guilt in absence of a jury
143
Role of jury
impartial adjudicator of facts in a criminal trial
decide criminal guilt
must be passive and impartial. don't ask questions, present evidence or make a judgement
144
Role of parties
Accuser bears burden of proof and must reach standard of proof required to win a case
Defendant is presumed innocent and has a right to silence
Parties are also responsible for:
Gathering evidence
Presenting evidence
Testing other party's evidence
Arguing about how a law should be interpreted
145
Role of legal representatives
Run case on behalf of a party
Provide expert assistance and serve as an equaliser
146
Purpose of pre trial phase
Clarify the dispute
Discover and prepare evidence
Decide how law must apply to the case
147
Purpose of trial phase
Discovery of truth
Interpretation of law and application to specific facts to resolve the dispute
Allow presentation of evidence and argument before an impartial adjudicator
1. Open case with address to court
2. Examination of witnesses and presentation of evidence
3. Close of case and address to court
4. Verdict
148
Purpose of post trial phase
Decides remedy in civil trial to right the wrong or enforce the contract
Decides sentence in criminal trial to punish, rehabilitate and deter the defendant
149
Relevance
Evidence submitted must be pertinent to the case and must help establish a disputed fact
Must also comply with other rules of evidence
150
Hearsay
Evidence must be based in direct experiences (what witnesses have personally observed or experience) not second hand information
150
Opinion
Witnesses can only report observed facts as evidence. Cannot express their opinions. Exception is for expert witnesses
151
Character
Cannot introduce evidence highlighting defendant's bad character, including prior criminal records. Seeks to uphold principle, accused is innocent until proven guilty
151
Civil law
Regulates disputes between individuals, groups and organizations
152
Writ of summons
Issued by plaintiff against defendant and lodged with court
Initiates proceedings and notifies the court
Writs notify defendant of legal action against them
153
Civil trials
Resolves disputes between private parties
Don't include government as a party except sometimes as a private party being sued
May not involve statute
Have fewer implications for community at large
154
Statement of defence
Lodged by defence
Responds paragraph by paragraph to the statement of claim
Indicates what facts are admitted and which facts are denied
155
Memorandum of appearance
Lodged by defendant with court
Notifies court that defendant intends to contest case in court
If defendant doesn't lodge memorandum, plaintiff may ask court to make a judgement against defendant
155
Statement of claim
Lodged by plaintiff
Itemised last of claims and facts provided by the plaintiff
List outlines allegations against defendant, helps to ascertain what is in dispute
156
Counter claim
By defendant - optional
Would accompany statement of defence
157
Discovery
By plaintiff and defendant
Each party must prepare a list of documents that are relevant to the case, that are in their possession and control
Documents may include any written, digital or other types of record
Both parties may inspect each other's documents
158
Interrogatories
By plaintiff and defendant
Formal written questions sent by each party to the other party
Parties must respond in writing under oath (affidavit)
Helps clarify facts and decide what evidence may be present in trial phase
Answers to questions may be used as evidence in trial
159
What is the final step prior to trial?
Pre trial mediation conference
Last effort to resolve dispute before trial
Significant contributing factor to fact that only 1% of all cases go to trial
160
Compensatory damages
Non quantifiable loss such as pain and suffering; specific damages awarded for measurable economic or financial loss
161
Nominal damages
Plaintiff seeks acknowledgement of a wrong and does not seek monetary compensation
162
Aggravated damages
Compensation for a defendant deliberately humiliated or harmed by the plaintiff
162
Punitive damages
Designed to punish and deter a defendant or others
162
Orders of specific performance
E.g. Forcing a publication of an apology
162
Injunctions
Preventing a party from doing something. E.g. publishing a defamatory article
163
Orders of recission
Freeing a party from a contract where they may have been misled or pressured into entering a contract
163
Negotiation
Disputing parties talk until a resolution is agreed
May agree to differ, compromise or reach a consensus
No third parties are involved
Cheapest form of ADR
164
Mediation
Flexible, non-binding
Power to resolve dispute remains with parties
Compulsory precursor to WA civil trials since 2010
Mediator is a neutral, impartial third party who helps to find common ground by clarifying disagreement and reaching a settlement
165
Counciliation
Conciliator is more active than a mediator
Conciliators seek optimal solution not just an agreeable solution
Power to resolve disputes still rests with parties
166
Arbitration
More rule based and procedural
May involve panel of arbitrators
More adversarial
Parties don't retain power to resolve the dispute
167
Criminal law, Civil law
Criminal law - Offence against state
Civil law - Offence against individual
168
Criminal law
Addresses wrongs deemed so severe that they warrant punishment determined by the courts
169
Right to silence
Principle of common law
Individual's right to abstain from self-incrimination
Must be cautioned about this right
170
Presumption of innocence
Presumed innocent until proven guilty
If found 'not guilty' or 'not liable' the defendant is presumed innocent not proven innocent
171
Role of DPP in pre-trial stage
Review evidence obtained by police and determine whether charges should be proceeded with an indictment
Acts independently of WA government
Expected to firmly present prosecution's case and challenge case put on behalf of the accused
172
Bail
Granted to defendant if they are not a danger to the community or not at risk of flight
173
Remand
Defendants who are dangerous or at risk of flight are held in custody until trial
174
Hand up brief
Prosecution presents evidence against defendant to inform defendant about the evidence against them
175
Disclosure/committal hearing
Hearing in magistrate's court
Ensures prosecution has disclosed all of the evidence to the defendant and have settled on charges that will proceed on indictment
Defendant enters a plea to the charges
176
Who decides guilt in summary and indictable offences?
Summary offence - judge
Indictable offence - jury
177
Judicial discretion
Judge has degree of freedom to decide appropriate sentence in the circumstances of the case. This discretion is guided by statute
178
Process of jury empanelment
1. Potential jurors selected from electoral roll
2. Receive summons to juror
3. Each juror receives a card with number to identify them
4. Group of 30-50 selected to form jury pool
5. Accused is arraigned (formal reading of criminal charges on indictment) before jury pool
6. Judge provides overview of allegations, introducing everyone person playing a role in the trial
7. Potential jurors with prior knowledge of case, personal connections to those involved, or if they anticipate the trial would cause them significant discomfort excuse themselves
8. Jurors' cards placed in a container and randomly drawn one by one
9. Either prosecution or defence can challenge or object to a jurors' involvement
10. Continues until 12-18 jurors are selected
11. Jurors give oath or non-religious affirmations to give a true verdict according to the evidence
12. Foreperson is selected by the jurors
179
Deterrence
Discouraging others in community from committing similar crimes in future or discouraging offenders from offending in the future
180
Retribution
Eye for an eye
Offender has causes suffering so must be made to suffer in their turn
Retribution is temporary for committing this crime
181
Community protection
Protecting community from serious offenders who cause significant harm to victims or create fear in society
182
Rehabilitation
Designed to reform offender
Result in offender making better decisions and ceasing to be a threat to social cohesion
183
Sentencing options for criminal offences
Imprisonment, community based orders, home detention, fines, conditional release orders (good behaviour bonds)
184
Mandatory Sentencing
Created by parliament as a response to public perception that courts are too lenient when sentencing
Set minimum sentence
Limits judicial discretion by limiting sentencing options
185
Adversarial trial
Based on premise that truth is revealed through a contest between parties presenting evidence before a passive adjudicator
Judge-minimal
Two parties-active
186
Inquisitorial trial
Based on premise that truth is discovered through rigorous investigation resulting in discovery of evidence by an active inquirer
Judge-active
Two parties-minimal
187
Codification
Process by which laws and rules are systematically collected and recorded into written codes
Key advantage - transparency
188
Parquet (prosecution)
Initiates investigation for minor offences
Hands off investigation to investigating judge in serious matter
189
Le prevenu (accused)
Lawyer is not compulsory
Assist the judge
190
Juge instructeur (Investigating judge)
Initiates judicial inquiry
Nothing can stop trial not even defendant pleading guilty
Directs investigation (has full autonomy and discretion)
Weighs value of evidence
Full control of pre trial procedure
191
Juge (Trial Judge)
Oversees trial procedures
Allowed to pose questions to victim, defendant and witnesses
Aim to find truth
Up to 3 trial judges
Instruct witnesses to tell their story, giving them an uninterrupted opportunity
192
Les jures (jury)
6 jurors assist trial judges
Assist in determining guilt
Assist in sentencing
193
dossier
File of written evidence
Handed to investigating judge who completes the dossier
194
Rules of admission of evidence in inquisitorial trial system
Less strict
Proof is achieved by any means
Only rule of evidence is relevance
Broader range of evidence but lower quality
195
Standard of proof in inquisitorial criminal trial
'Inner conviction'
Trial judge must be convinced to a level of firm and strong personal belief or inner conviction which provides a profound sense of certainty
Means guilty verdicts are easier to obtain
196
Use of witnesses and evidence in inquisitorial trial
Most evidence written and contained within dossier
Oral testimony used in form of "telling their story" not responding to questions
Witness evidence not subject to rigorous testing through cross examination
Judge or jury may pose further questions to witnesses
197
Burden of proof in inquisitorial criminal trial
No formal burden of proof
Overriding aim is to find the truth
Responsibility is with trial judge
198
Adversarial trial procedures
Highly structured and upholds procedural fairness
199
Inquisitorial trial procedures
More relaxed procedural rules
Investigating judge has more flexibility to decide how pre-trial investigation proceeds
Trial judge is less beholden to strict procedures than adversarial judge
200
Inquisitorial System Strengths
1. Brings forth all evidence
2. Witnesses hold less bias
3. Reduces cost for parties
4. More likely to convict a guilty offender
201
Inquisitorial System Weaknesses
1. Disproportionate power held by active judge
2. Lower quality of evidence (including inclusion of defendant's character)
3. Parties have less control
4. Overreliance on one person's skill (investigating judge)
5. Weaker separation of judicial and executive power
6. Weaker protection of rights of accused
202
Inquisitorial system right to silence
Before case is referred to investigating judge , accused has right to remain silent
After case is referred, accused can be forced to give evidence and make statement but not under oath
203
Inquisitorial system presumption of innocence
Judge of Freedoms and Detentions has power to detain accused before and during trial
204
WA Adversarial System strengths
1. Impartial judge (and jury)
2. High quality of evidence
3. Parties retain control of trial
4. Procedural fairness (strict adherence to procedure)
5. Strong protection for the rights of the accused
205
WA Adversarial System Weaknesses
1. Overreliance on legal expertise
2. High cost to parties
3. Potential for strategic manipulation
4. Winning is more important than the truth
5. Juries may be prejudiced by the media and jury decisions are unaccountable
6. Time and Delays
206
How many seats available in 2022 federal election and 2025 federal election?
151, 150
207
How many seats are held by labour in 2022 and 2025?
77, 94
208
How many seats are held by coalition in 2022 and 2025?
58, 43
209
How many seats are held by independents in 2022 and 2025?
10,10
210
How many seats are held by minor/micro parties in 2022 and 2025?
5, 2
211
2 party preferred 2022 and 2025
2022: Labour = 52.13%, Coalition = 47.87%
2025: Labour = 55.35%, Coalition = 44.65%
212
Primary Vote for major parties 2025
66.2%
213
Origins of Insquitorial trial system
Codified roman law 6th century CE
Adopted in catholic church 12-13th century
214
Origins of adversarial trial system
England before 1066
Common law courts 12-13th century
