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Term 3 Mindmap (Criminal Law (Going to Court (The right to a fair trial.…
Term 3 Mindmap
Criminal Law
Criminal law refers to the group of laws that have been put in place to protect us from harm. It is considered a crime when one of these laws are broken.
Serious offences like murder or kidnapping are known as indictment offences, which means they must go to trial in court and will be punished more severely. Less serious offences like not buying a bus ticket or vandalism are known as summary or simple offences and are generally dealt with quickly by the court or police.
Going to Court
When a person goes to court for a crime, it is referred to as a criminal trial or hearing. The person who has been accused of a crime can be known as a defendant. The party who is appointed by the court to prove that the that the accused is guilty is known as prosecution.
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The Jury System
Serious criminal cases are heard in front of a jury. A jury is made up of a group of 12 to 18 random citizens who are selected to assist in deciding on the outcome of the trial.
The Jury must then decide whether or not the prosecution has convinced them that the accused is guilty beyond reasonable doubt. If they have not, and the defence has argued a better case, the jury is obliged to find the defendant not guilty.
Punishing Crime - If the accused person is found guilty of a crime, they will be punished by the court.
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Civil Law
Civil law protects individuals. It typically deals with disputes between individuals over an action that result in loos or harm. Civil law generally aims to right the wrongs done by compensation or paying for the victims losses.
Civil disputes
Family Law - Include disputes over births, marriages, divorces and care giving
Contract law - includes dispute concerning legal arrangements and agreements between parties.Breach of contract is one of the most common forms of civil disputes.
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Civil Remedies- if the plaintiff wins the dispute, they are entitled to a civil remedy. Th civil remedy is the method by which the defendant must return to the plaintiff to his or her original position before the dispute occurred. A civil remedy usually takes form of money, known as damages.
Common Law
Common law is crated hen a judge has to make a ruling about a case that is not covered by statutory law.
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Statuary Law
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Passing a Bill
A bill is a formal document that is prepared as a draft Act, or law. It is proposed by a member of parliament when they feel there needs to be a change.
First Reading - After giving prior notice to parliament that a Bill will be discussed, the MP who is introducing the Bill will provide a copy of the draft Act to other MP. Only the title of the Bill is read.
Second Reading - The member who introduced the Bill will explain why it was introduced. Other members can make suggestions, ask questions and make debate whether the Bill is th right way to tackle the situation.
Third Reading - After reading the Bill, the House of Representatives will vote on the Bill. If majority vote yes then the bill will be passed to the senate for a detailed look
The Senate - The Bill will go through the same three reading stages again. The bill will be passed from the lower to the upper house continually until it is agree on or until it is rejected completely. If the Bill if passed then if will be passed down to the Governor-General.
Governor-General - If the bill is passed by the senate then it will be passed down to the governor-general who will act as the Queens representative. He will review it it and approve the law by giving the Bill royal assent.
