-Hears all criminal cases after somebody is charged
-Determines which court will hear the case
-If the case cannot be dealt with by Magistrates, the offender will be moved to District court.
A magistrate is an officer in court who can make legal decisions for minor offences.
Lawyers will often aim for a settlement before going to court for a trial.
How Does a Law Get Made?
Starts as a bill>gets voted on by house of reps>goes to senate>is voted on again by senate>governor general>act of parliament>law
What is the definition of the word Law?
A law is defined as a formal rule to determine how people and organisations are expected to behave.
Laws can also receive amendments to improve an existing piece of legislation.
amendment-a formal or official change made to a law, constitution or other legal document
-Deals with more serious criminal/civil offences the magistrates court can't rule on
-Is the first level of court to involve a jury on the decision making process
Anybody after an appeal from a magistrates court decision can move up to this court.
Appeal-a request to rehear or retry a case
Criminal & Civil Law
A civil case can be overruled by 'balance of probabilities'.
A criminal case must be 'beyond all reasonable doubt'.
Negligence-a failure to take care in a circumstance or event
Defamation-where a person's reputation has been damaged by what has been said or written about them
Civil Law- deals with disputes between people/organisations involving money
Criminal Law-a direct result of a laws being broken, punishable by jail time
Magistrate-an officer in court who can make legal decisions for minor offences
Key Players In Court
Bailiff-a court official, usually a peace officer or security, who keeps order in the courtroom and handles errands for the judge and clerk.
Legal Clerk-Prepare and summons jury and witness list and swear them in before court proceedings
Solicitor-lawyer who speaks in court
Key Players In Court
Plaintiff-person who initiates the lawsuit, who then becomes the prosecutor
Barrister-Lawyer who speaks in court
Witnesses-Provides evidence by answering questions
Jury-a randomly selected group of citizens from an electoral roll who decided whether or not someone is guilty based on the facts of the case.
If you are caught drink driving on your learners,license is disqualified for 3-9 months, and can be fined up to $2012
If BAC is over 0.05 but under 0.10;license is disqualified for 1-9 months, and can be fined up to $2012
If BAC is over 0.10 but under 0.15;license disqualified for 3-12 months,can be fined $2875
If BAC is 0.15 and over;license disqualified minimum 6 months, can be fined up to $4025
Legal Studies Cheat Sheet by ashw444
Terms and Descriptions for legal studies. Mostly for my own use, may not apply for all. Australian terms are used.