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Civics and Citizenship - Coggle Diagram
Civics and Citizenship
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How Laws Are Made
Judges make laws through setting precedent when a judge makes a decision to resolve a dispute, the reasoning behind their decision creates a legal principle or law that must be followed by judges in other courts when a similar case arises
Judges also make laws through 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
Our laws apply equally to all individuals and organisations throughout Australia and must be upheld by all
Types of Legal Disputes
Indictable offences are serious crimes that are generally heard in the higher courts, such as the District Court and the Supreme Court
An individual who has committed an illegal act that inflicts harm on another individual and or society, is taken to court by the state or government
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The party who believes their rights have been infringed takes the case to court in the hope of receiving a remedy that will restore them, as far as possible, to the position they were in prior to the wrongdoing
Negligence 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
Undermining Justice
Police must follow legal processes and procedures when investigating crim to make sure those involved are treated fairly
Police and lawyers can easily confuse people or persuade them to make false or conflicting statements
A key principle is that the accused is innocent until proven guilty, but members of a jury may be biased and think a suspect is guilty because of what they have seen and heard in the media
Media can spread information quickly in a way that can create the impression of a person’s guilt before they have even been to court
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We have independent and unbiased anti-corruption agencies to investigate and punish those involved in the legal system
Delays can increase costs, causing emotional stress and hardships, and reducing witnesses abilities to accurately recall their evidence