Zusammenfassung der Ressource
The
Australian
Court
System
- Criminal Laws
- Criminal laws relate to protecting our society from crimes
- Such as murder, theft and assault
- Civil Laws
- Civil laws involve arguments between people
- Such as disputes over poverty or unpaid fines
- In 1901, the six self-governing colonies were
joined together under one government by
the document called the "Constitution".
- 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.
- 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.
- Courts are places
that have the power
to deliver
judgement on
criminal and civil
cases, according to
the rule of law.
- State court
- Territory Court
- These courts have
been established by
each state or territory,
and federal courts,
which have been
established under
Commonwealth laws.
- The Courts in Australia
are structured according
to a hierarchy, or level of
importance, meaning that
some courts have more
authority than others.
- 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.
- Separation of Powers
- Our Judiciary
(Judges and other
court officials) act
independently in
interpreting and
applying the law.
- Judge
- 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.
- Jury
- 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.
- Prosecutor
- Defence
- The Defence council
prepares and
presents its client's
case against the
charges or claims
- A legal practitioner
whose role is to
prepare and present
the case against the
accused individual.