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Civics and Citizenship - Coggle Diagram
Civics and Citizenship
Concepts
Democracy
A system of government run by the people, for the people. People have the power to determine how they will be managed or ruled. Citizens over the age of 18 are required to vote in state and federal elections. It it optional to vote in local elections.
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Democratic Values
Fairness
All people are treated fairly, or without injustice, and are given an equal opportunity. Also known as a ‘fair go’ in Australia.
Equality
Rights and privileges for all, without discriminations based on gender, race, religion, age, sexual orientation or level of education. All citizens have the right to the same opportunities.
Freedom
Rights, privileges, and responsibilities for all without interference, or control from other citizens or government.
Respect
Treating others with consideration and valuing their views, beliefs, and rights.
Participation
Citizens who participate reap the rewards of living in a society where elected members of parliament seek to represent their views, those who break the law are treated fairly, and the services that we can all use, such as schools and roads.
One of the most important ways we can participate in a democracy by voting in an election. We have a power to influence the way our country is run.
Good citizens contribute or take part in society through activities such as voting in an election or referendum, serving on a jury, or paying taxes
Governments can also give citizens the opportunity to participate in important decisions outside of elections and referendums.
The Westminster System
A parliament: Consisting of two chambers or houses, that is elected by the people to make laws on their behalf. Citizens vote for members of the parliament in free and fair elections and all laws must be passed by a majority (over half) of the representatives in both houses.
A sovereign: To act as the Head of State and hold various powers including being required to give final approval to all laws made by the parliament. The sovereign or Crown also has a ceremonial role, including representing the country at national and international events.
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Justice
People should treat each other in a manner that is fair and balanced for all. The key features of the WA and Aus legal systems are designed the deliver justice to all. Some procedures – the right to a fair trial, legal representation, unbiased juries, and the burden of proof.
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How Laws Are Made
Parliament
Most laws in Australia are made by parliament, this is referred to as statutory law
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 makes laws for all of Australia E.g. marriage and divorce laws. Each state/territory has its own elected parliament to make laws for that specific state/territory E.g. driving and adoption laws
Laws can be made by other bodies (statutory authorities) such as local councils, Australia post, and Country Fire Authorities, more timely and efficient
Courts
Judges in higher courts can make laws on occasions. 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.
Laws made by judges is known as common law. Rule of law Our laws apply equally to all individuals and organisations throughout Australia and must be upheld by all. The law can only be enforced and altered by those with the legal authority to do so.
Types of Legal Disputes
Civil Case
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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, as far as possible, to the position they were in prior to the wrongdoing.
The most common type of civil remedy is a plaintiff being awarded a sum of money to compensate for their loss (damages).
Types of Civil Cases
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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.
Criminal Case
An individual (referred to as the accused) who has committed an illegal act that inflicts harm on another individual and/or society, is taken to court (prosecuted) by the state or government.
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Indictable offences are serious crimes that are generally heard in the higher courts, such as the District Court and the Supreme Court. Cases in which an accused pleads not guilty to an indictable offence are generally heard before a judge and jury of twelve persons. The jury determines guilt, and the judge determines the sanction
Undermining Justice
Trial By 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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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.
Corruption
A form of dishonest or unethical behaviour that causes people to break rules for their own gain. Can include bribery (taking money from someone to alter the outcome).
We have independent and unbiased anti-corruption agencies to investigate and punish those involved in the legal system.
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Court Delays
Delays may occur to many reasons, including: Lack of legal assistance for those who cannot afford a lawyer, complex and time-consuming court 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.
Sometimes people have to abandon civil cases because they cannot afford to pay the money that the legal system requires.