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CIVIS AND CITIZENSHIPS - Coggle Diagram
CIVIS AND CITIZENSHIPS
CONCEPTS
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DEMOCRACTIC VALUES
RESPECT - treating others with consideration and valuing their views, beliefs and rights
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FREEDOM - rights, privileges and responsibilities for all without interference, or control from other citizens or government.
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PARTICIPATION - Citizens contribute or take part in society though activities such as voting in an election or referendum, serving on a jury or paying taxes
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HOW LAWS ARE MADE
COURTS - Judges can make laws through a precedent and statutory interpretation. During a precedent, when a judge makes a decision to resolve a dispute, their reasoning becomes a legal principle. In a statutory interpretation a judge may be called to resolve a dispute in which there is existing legislation, but the wording of the legislation is unclear.
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RULE OF LAW - Our laws apply equally to all individuals and organizations throughout Australia and must be upheld by all.
PARLIAMENT - A parliament is a group of people elected by the majority of society to make laws on their behalf. Laws made by parliament are referred to as legislation, statutes or acts. Commonwealth parliament make laws for all of Australia.(eg - marriage and divorce laws)
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TYPES OF LEGAL DISPUTES
CRIMINAL CASE - Those that involve an individual who has behaved in an unacceptable way being charged by the police and often receiving a sanction.
TYPES OF CRIMINAL CASES - An individual who has committed a crime which endangers other individuals and/or society is taken to court by the state or government. Minor crimes (summaries) which are generally heard in the magistrates courts. Indictable offences are serious crimes that are generally heard in the higher courts, such as the District Court and the Supreme Courts.
CIVIL CASE - Involve private people or organizations fighting over an alleged breach of individual rights.
TYPES OF CIVIL CASES - The party who believes their rights have been infringed (plaintiff) takes the case to court in the hope of receiving a remedy that will restore them, to the position they were in prior to the wrongdoing.
NEGLIGEMCE - An individual claims they have suffered injury due to another person's failure to take reasonable care when there is a responsibility to do so.
BREACH OF CONTACT - One individual believes another has failed to carry out the terms of a legally binding contract.
DEFAMATION - A person believes they have suffered harm due to another person making false statements publically
UNDERMINING JUSTICE
COERCION OF SUSPECTS AND WITNESSES - Many people may be disadvantaged with dealing with the court system because they may not have good communication skills, confidence or knowledge to negotiate with authorities. Police and lawyers can easily confuse people or persuade them to make false or conflicting statements.
TRAIL BY MEDIA - Media can spread information quickly in a way that can create the impressions of a persons guilt before they have ever been to court.
CORRUPTION - A form of dishonest or unethical behavior that causes people break rules for their own gain. We have independent and unbiased anti-corruption agencies to investigate and punish those involved in the legal system.
COURT DELAYS - Delays may occur for many reasons, including lack of legal assistance for those who cannot afford a lawyer, complex and time consuming processes and procedures and increasing number and complexity of cases being brought to court. Delays can increase costs, causing emotional stress and hardships, and reducing witnesses abilities to accurately recall their evidence.
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