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Year 9 NSW
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The legal system
Topic : The legal system
In this topic you will learn...
Chapter 1 :
Reasons for rules
The laws in society are similar to the rules at school, but on a much larger scale
Like the rules at school, laws are intended to put in place rights and duties for each person in society
All people in society are equally subject to the law
The purpose of laws is protection, freedom and dispute resolution
There are differing schools of thought on where law ultimately comes from and what laws should do in society
Chapter 2 :
Legal institutions and people
The powers of the federal and States governments to make laws in Australia stem from the several constitutions
Laws are enforced by State police and the federal police force
The court system in Australia derives from the English common law court system and the `adversarial` trial system
Solicitors and Barristers work alongside each other in specific roles to present a case to court
The government has its own legal officers and organisations
Chapter 3 :
Court hierarchy
Courts in Australia are structured into hierarchies in Federal and State and Territory divisions
The High Court is the highest court in Australia and can hear appeals from both federal and State courts
The Family Court, established in 1975, has jurisdiction over matters such as marriage, divorce and the custody of children
The Supreme Court sits at the top of each State hierarchy and have unlimited civil jurisdiction, handling the most serious criminal matters
All Australian courts work on a system of `precedents`, which are decisions made in previous cases that judges must follow
Chapter 4 :
In-court personnel and juries
Courtrooms are built and arranged so as to reflect and symbolise the power of the judge as the representative of the state
There is a strict system of honour and protocol involved in being inside a courtroom
A variety of professional lawyers can be involved in a court case, depending on the level and jurisdiction of the court
Jury trials involve a group of twelve people whose job it is to examine the facts of the case and decide what really happened
The courtroom is otherwise populated by court officials, representatives of the media and members of the public
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