YEAR 11 PRELIMINARY LEGAL STUDIES EXAM QUESTIONS WITH CORRECT ANSWERS GRADED TO PASS

Court hierarchy - CORRECT ANSWER The order of importance and authority of courts in Australia What is the highest court in Australia? - CORRECT ANSWER The high court What are the roles of the high court - CORRECT ANSWER - It deals with cases concerning interpretation of the Australian constitution validity of laws What appeals do the high court hear? - CORRECT ANSWER Appeals from the federal court, the family courts and the supreme courts Explain the role of the local courts - CORRECT ANSWER Local courts deal with minor criminal matters and minor civil disputes. Who hears cases in the local court - CORRECT ANSWER The magistrate hears cases and will set the punishment for criminal offenses Summary offenses - CORRECT ANSWER Criminal offenses that can be dealt with by a single judge without a jury and do not require a preliminary hearing. E.g. loitering Indictable offenses - CORRECT ANSWER Serious criminal cases that require an indictment and a preliminary hearing; they are typically tried before a judge and jury and are subject to a higher penalty. E.g. Murder or assault Indictment - CORRECT ANSWER A formal written charge Appellate Jurisdiction - CORRECT ANSWER The ability or power of a court to hear appeals of the decisions of lower courts and to reject, affirm or modify those decisions Committal hearings - CORRECT ANSWER Inquiries held in the local Magistrates' court to determine whether there is enough evidence against the defendant to warrant a trial to a higher court. Supreme Court - CORRECT ANSWER Highest court in the state or territory hierarchy What is the role of the Supreme Court - CORRECT ANSWER Deals with most serious criminal matters and civil cases involving large sums of money. Also appeals from lower courts Federal Magistrate's court - CORRECT ANSWER Deals with cases such as family law & child support, administrative law, human rights... Appeals - CORRECT ANSWER An application to have a higher court reconsider a Lower courts decision, on the basis of an error on laws. Precedents - CORRECT ANSWER Judge made law that creates a common set of legal principles. Persuasive precedent - CORRECT ANSWER Precedent that does not need to be followed. It is influential but not binding. This precedent might come from lower courts in other jurisdictions Binding Precedent - CORRECT ANSWER Decisions that must be followed. Lower courts must follow decisions of higher courts in the same jurisdiction. Outline the characteristics of a just law - CORRECT ANSWER Binding, enforceable, discoverable and acceptable Binding - CORRECT ANSWER A strong hold between two things that can't be broken Enforceable - CORRECT ANSWER Capable to be enforced with consequences and exposed by the state Procedural fairness - CORRECT ANSWER A term that is commonly used to describe a system that aims natural justice What is the rule of law - CORRECT ANSWER The concept is that no person or group in society stands above the law and in theory, no one may break it without facing punishment. Explain the importance of the rule of law - CORRECT ANSWER It is essential in a democratic society because it protects members of society from the abuse of power by the state What is public law - CORRECT ANSWER The law related to the state and governance What are the branches of public law - CORRECT ANSWER Administrative law, constitutional law and criminal law Administrative law - CORRECT ANSWER The area of law that deals with government powers and decisions made by government bodies. Constitutional law - CORRECT ANSWER The law related to an application and interpretation of the Australian Constitution Criminal law - CORRECT ANSWER The law related to state powers in respect to criminal matters The role of public law - CORRECT ANSWER It shapes the conduct of private citizens both in their interactions with each other as part of a larger society and also their interactions with the state What is private law - CORRECT ANSWER The law between individuals/ private citizens such as corporations and institutions engaged in contracts and other aspects of private law What are the branches of private law - CORRECT ANSWER Contract law, tort law, negligence, property law Contract law - CORRECT ANSWER The law related to agreements between individuals and legal entities Tort law - CORRECT ANSWER The law concerned with private wrongs and breaches of rights Negligence - CORRECT ANSWER The law concerned with protecting people from 'foreseeable' dangers arising from a breach of duty of care Property law - CORRECT ANSWER The law concerned with private property, ownership and possession. Includes 'real' property and other forms of property. Civil law systems - CORRECT ANSWER - Codified law (legislations) - inquisitorial system of trial -judge can initiate investigations and interview witnesses in an active way The role of the public prosecutor - CORRECT ANSWER The person formally conducting legal proceedings against someone accused or a criminal offense; they act on behalf of the state or crown. Role of the legislature - CORRECT ANSWER Also known as parliament: the house of representations and the senate. They make laws The role of the judiciary - CORRECT ANSWER The courts which interpret and apply the law Criminal cases - CORRECT ANSWER - the onus is on the prosecutor - "beyond reasonable doubt"