The Australian Court System

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Zusammenfassung der Ressource

The Australian Court System
  1. Criminal Laws
    1. Criminal laws relate to protecting our society from crimes
      1. Such as murder, theft and assault
      2. Civil Laws
        1. Civil laws involve arguments between people
          1. Such as disputes over poverty or unpaid fines
          2. In 1901, the six self-governing colonies were joined together under one government by the document called the "Constitution".
            1. The legal system used in Australia is called an "Adversary System of Law". This means that two opposing sides in a dispute have control of their case by presenting their own arguments and evidences.
              1. The Judge or Jury has the final decision, in which they are supposed to remain neutral throughout the trial process. Which means that they can't have any biases towards the people involved in the case.
              2. Courts are places that have the power to deliver judgement on criminal and civil cases, according to the rule of law.
                1. State court
                  1. Territory Court
                    1. These courts have been established by each state or territory, and federal courts, which have been established under Commonwealth laws.
                    2. The Courts in Australia are structured according to a hierarchy, or level of importance, meaning that some courts have more authority than others.
                      1. Most cases have appellate jurisdiction, which allows them to take cases on appeal from lower courts. All courts also have original jurisdiction, which means that they are able to hear a case for the first time.
                      2. Separation of Powers
                        1. Our Judiciary (Judges and other court officials) act independently in interpreting and applying the law.
                          1. Judge
                            1. The role of a judge is to make rulings in court based on the evidence that is presented to him. The Judge must also make sure that the trial follows the proper legal processes.
                              1. Jury
                                1. A jury is a group of citizens, aged 18+ and registered on the electoral roll, who are used in serious criminal and civil trials. Their role is to agree upon a guilty or innocent verdict based on the evidences.
                                  1. Prosecutor
                                    1. Defence
                                      1. The Defence council prepares and presents its client's case against the charges or claims
                                      2. A legal practitioner whose role is to prepare and present the case against the accused individual.
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