CHAPTER 5 Our legal system - global2tcy9.global2.vic.edu.au/files/2014/10/Legal-System-13g… · · 2016-03-17What is the first thing that comes to mind when you hear the word law?

CHAPTER

5 Our legal system

Essential ideasWhat is the first thing that comes to mind when you hear the word law? Perhaps you immediately thought of crimes such as murder. You need to know about the law because, whether you realise it or not, laws affect everything you do.

Many of our laws, particularly criminal laws, are enforced by the police. Criminal laws provide boundaries for our conduct, setting out what we can and cannot do. Alleged offenders are prosecuted through our court system, and if the accused person is found guilty, they may be punished by a penalty such as imprisonment or fine.

Civil laws are concerned with the rights and obligations private individuals owe each other. A person who breaches another person’s civil rights may be sued, and if they are found liable, they may be required to compensate the injured party for the injuries they received.

111Chapter 5: Our legal system

An important role of our legal system is to provide ways to resolve disputes in a fair and peaceful manner. Our courts and tribunals perform this task. Parties who are unhappy with the decision may have the opportunity to appeal to a higher court where it will be decided whether the law was correctly interpreted and applied.

Essential linksA school, which is an example of a community, has rules. There are consequences for breaking those rules. You rely on the principal and teachers to enforce school rules fairly and to protect your right to a safe educational environment.

The High Court in Canberra

In the broader community, we rely on our parliaments, courts and tribunals to protect our political and civil rights. Australia does not have a bill of rights. Some people believe that our civil liberties would be better protected if they were written down in a bill of rights. What do you think?

1 Families and schools have rules. Make a list of all the ways in which rules are different from laws.

2 Describe three laws and explain how they affect you.

3 There is an old saying that ‘all people are equal before the law’. This means our legal system should treat all people equally, regardless of whether they are rich or poor, male or female,

white or coloured, young or old. Do you think our legal system is able to provide justice for all members of society?

4 In what ways do you think Australia’s legal system might be connected to its political system?

T H E E S S E N T I A L Q U E S T I O N

The Essential Question is: How does our legal system work and how do laws protect us?

Humanities Alive Economics & Citizenship 9 Second Edition112

There are two main types of laws. One is criminal law, which protects us and punishes offenders. The other is civil law, which protects our rights and property. We have no choice over the use of criminal law because the state (society) controls it, but individual citizens and groups decide how they will use civil law.

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5.1 Civil and criminal law

Criminal lawCriminal law protects individuals from others doing the wrong thing. It outlines the way people should act — what they can and cannot do. Some of the most common crimes are robbery, homicide (manslaughter and murder), rape, assault, theft and drug offences. If a person commits a crime, this is treated very differently from other legal issues.

For example, if you rob a bank, it does not remain just a dispute between you and the bank. Instead, your action is regarded as an offence against the State (society). The bank does not have to try to catch you. Rather, the State organises its police to do this. The bank does not take you to court — the police or representatives of the government do. They will also be the ones who prosecute you. It is up to the prosecution (to take legal action against another person) to establish the guilt of the accused because they have the burden of proof. This means that they must

In criminal cases . . . the police prosecute . . . and the courts impose a penalty on a guilty party.

prove you are guilty of the crime. It is not up to you to prove your innocence.

During the court case, you will have the opportunity to tell your side of the story. If you are found guilty, you will be punished with a fine, imprisonment, or both.

Serious crimes, such as homicide, child abuse and rape, are called indictable offences. These offences are usually heard in a higher court such as the County Court and Supreme Court. For these offences, the guilt of the defendant is determined by a jury.

In a criminal case, the jury must decide beyond reasonable doubt. This means that they cannot have doubt that the person accused of the crime is guilty.

Less serious crimes, such as minor assaults, petty theft and traffic infringements, are called summary offences. They are dealt with relatively quickly and cheaply by a magistrate in a Magistrates’ Court.

Civil lawCivil law deals with non-criminal matters. It allows a person to bring actions against other people for a civil wrong done to them. Civil law involves such matters as disputes between friends, business partners, consumers and retailers, neighbours or an individual and a government department. Some examples of civil wrongs include negligence, trespass, defamation, nuisance and breach of contract. Where a civil wrong is successfully proven in court, the wronged party will usually seek damages — money — as compensation.

For example, imagine you discover half a decomposed snail at the bottom of a soft-drink bottle from which you have just drunk. You are then violently sick and suffer serious stomach illness. You decide to sue the manufacturer for negligence — meaning that the manufacturer did not take enough care to prevent an injury. You, the plaintiff, go to court to prove your case. You ask a judge to order the

FIGURE 1

Chapter 5: Our legal system 113

defendant the party in a civil or criminal trial against whom an action has been broughthomicide the killing of one person by another personmagistrate a court official who hears cases in the lowest court in the legal systemmanslaughter the accidental killing of one person by another personplaintiff the person who commences a legal actionprosecute to take legal action against another person

In civil cases . . . the injured person sues . . . and can receive compensation.

REMEMBER1 What is the difference between civil law and criminal

law?2 Explain the difference between:

(a) plaintiff and defendant(b) indictable offences and summary offences.

tHInk3 Do these cases involve criminal or civil law?

(a) You are held up at knifepoint and your purse is stolen.

(b) A woman slips on a wet supermarket floor and breaks an ankle.

(c) A man is convicted of driving with a blood alcohol content of 0.08.

(d) You find maggots in a tuna sandwich you just bought from a café.

(e) A neighbour’s loud music at 3 am is disturbing you.

Civil Criminal

COMMUnICAtE4 Select a partner and cut out three newspaper articles

describing civil law cases and three describing criminal law cases. Paste these on a large sheet, then discuss and list the laws being broken in each case.

5 Read the two case studies and answer the following questions.(a) Why would these cases be civil matters?(b) Who are the plaintiffs and what are they seeking

in these actions?(c) Explain what standard of proof applies to both

these case studies.(d) How successful do you think each legal action

was for the plaintiff and for the defendant?

Case studiesCase 1: Bowles v. Canton Pty Ltd (2000)A woman sued a Melbourne restaurant after she suffered an asthma attack caused by exposure to environmental tobacco smoke while dining in the non-smoking area of the restaurant. She sued in common law negligence (breach of duty of care) and for breach of contract. She was awarded over $7600 by the Melbourne Magistrates’ Court.

Case 2: Sharp v. Port Kembla RSL and Port Kembla Hotel (2001)A former barmaid sued the RSL and Port Kembla Hotel after contracting neck and throat cancer caused by years of exposure to environmental tobacco smoke during the course of her employment. She sued in common law negligence (breach of duty of care) and was awarded $466 000 by a New South Wales Supreme Court jury.

Plaintiff Defendant

soft-drink manufacturer, the defendant, to pay you compensation. The plaintiff does not always win such cases. Sometimes the judge decides that the plaintiff ’s rights were not breached and can order him or her to pay the defendant’s legal costs. As the case above indicates, sometimes civil law is required to deal with a wide range of unusual circumstances.

There is a lower standard of proof in civil cases. The plaintiff has to show that the defendant was ‘more likely than not’ to have committed the breach.

FIGURE 2


Our legal system is made up of many different courts, which are arranged in levels in order of importance (a hierarchy). The higher courts, which hear the most serious matters, are at the top of the hierarchy, and the lower courts, which hear less serious matters, are at the bottom of the hierarchy.

REMEMBER1 List the different levels in the court system from

the highest court to the lowest court.2 What is a court hierarchy?3 Which courts do not use juries? (Use figure 1 to

help you)

tHInk4 Do you think that the court hierarchy is necessary?

Explain.5 In which court are the following likely to be heard?

(a) A murder trial(b) An appeal from the Victorian Supreme Court(c) A minor traffic offence(d) An investigation into a suspicious death(e) An armed robbery trial(f) The preliminary hearing of a rape case(g) A civil dispute between business partners

involving $100 million

(h) A case dealing with an aspect of the Australian Constitution

6 Explain the difference between a judge and a magistrate.

COMMUnICAtE7 Imagine you are a magistrate hearing a case

against a person accused of assault. What evidence would you require in order to reach a decision? To help you answer this question, collect some newspaper articles dealing with similar cases.

8 Show on an outline map of Victoria the locations of the Magistrates’ Court. You will find all the information you need by clicking on the Magistrates’ Courts weblink for this chapter in your eBookPLUS.

appeal an application for a legal decision to be reviewed in a higher courtcommittal hearing a hearing in the Magistrates’ Court to decide whether there is enough evidence to send a person to trial on an indictable (serious) offencepreside to act as the person in control (e.g. as chair of a meeting) verdict the outcome of a legal case decided by the jury or, if no jury is present, by the judge

5.2 Our court systemFIGURE 1

In criminal cases, the higher courts deal with the most serious crimes. In civil cases, the higher courts hear matters that will affect many people or involve large sums of money. Cases heard in higher courts will be much more expensive for the community as well as those bringing the action. If an individual is unhappy with the ruling in a lower court, they can apply to have their case heard in a higher court. This process is referred to as ‘making an appeal against a court decision’.

The Magistrates’ Court is at the bottom of the court hierarchy. There are large numbers of magistrates’ courts because they hear more than 90 per cent of the cases that go to court. They are located in your local area. The County Court is an intermediate court in Victoria and has sittings in the main cities around the state. There is only one Supreme Court in the capital city of each state, and there is only one High Court (in Canberra).

Student worksheet 5.1

The Australian court system


Magistrates’ Courts hear about 90 per cent of all civil and criminal cases. There is no jury. A magistrate hears the cases, decides the verdict and sets any punishment. Magistrates are qualified and experienced legal practitioners. The Magistrates’ Court deals with minor civil disputes such as people who sue other people for damage to property or for injury claims of up to $100 000. This court also hears minor criminal matters such as stealing, drink-driving, indecent language and assault charges. A magistrate presides over committal hearings dealing with major criminal offences such as armed robbery, manslaughter and homicide to decide whether there is enough evidence for the case to go to trial in a higher court. The other special courts at the level of the Magistrates’ Court are the Children’s Court for cases involving children under 18, the Koori Court for Indigenous people and the Coroner’s Court, which investigates accidental deaths, suspicious deaths and arson.

In a County Court, cases are heard by judges dealing with more serious civil cases, serious criminal matters such as armed robbery, rape and burglary, and unlimited claims involving personal injury. There is no monetary limit for civil disputes. The County Court also hears appeals from the Magistrates’ Court. In some cases a jury will decide whether the accused is guilty or not. If the accused is found guilty, the judge will decide on an appropriate sentence.

The Supreme Court is the highest court in a state. The most serious criminal cases such as murder are heard in this court. As well, it deals with the most serious civil cases involving large sums of money. A jury will often be used in the Supreme Court. The Supreme Court also deals with appeals from the two lower courts.

Located in Canberra, the High Court of Australia deals with appeals from the state or territory Supreme Courts. It also hears cases concerning the interpretation of the Australian Constitution. It is the highest court in Australia; its decisions are final. The High Court is a federal court, which means that any decision it makes applies to the whole country. No jury is used in High Court cases.

FIGURE 2

The Supreme Court of Victoria

The County Court of Victoria

Inside a Magistrates’ Court

The High Court


Police do not make the laws; they only enforce them. They try to maintain law and order by preventing unlawful acts occurring, and they are involved in investigating crimes and arresting offenders. Police have rules that they must obey when they are performing their duties, especially when arresting someone.

5. 3 You’re under arrest

What if you are arrested?If a police officer says, ‘I would like you to come down to the police station to answer a few questions’, do you have to go with the officer?

The following series of cartoons shows the sequence of events, and what may happen to you, if you are ever arrested. They also broadly outline your rights and obligations in relation to police investigations.

Under Australian law, you have to go to the police station only if you have been arrested.

1. You can be arrested only if the police:(a) have a warrant (court order) for your arrest(b) have reasonable cause to suspect you of having

broken the law.2. You must be told you are under arrest and what the

charge is.3. You must be told that you do not have to say

anything and that anything you say may be given in evidence.

4. You may be handcuffed.5. Capsicum spray may be used to subdue you if you

violently resist arrest.6. At the police station you are required to give your

personal details for police records.

1. You do not have to submit to a search unless the police have a search warrant. Then they can search you or your premises at any time.

2. If police suspect the presence of drugs, a concealed weapon or hidden evidence, a ‘pat down’ search can be conducted.

3. A search must be conducted by a police officer of the same sex as the person being searched.

1 Arrested

2 Personal search


bail payment by the accused person as a guarantee that they will appear in court at a later datecharge the offence you are charged withevidence information that can be used in courtremand when the accused person is held in custody until their trial

1. You may be officially charged with the offence.2. If charged, you will be either released on bail or held

in prison on remand before being brought before a court.

1. At the station, the police should allow you to make a telephone call to a friend and a legal representative (lawyer).

2. If you cannot afford a legal representative, you may be entitled to legal aid (free legal advice). If this is the case, a legal aid representative will be appointed. There are a number of solicitors who provide this service.

1. If you are under 18 years of age, an adult (parent, guardian or social worker) must be present before the interview can begin.

2. You will be asked a series of questions.3. The interview will be recorded

and may be videotaped.4. You do not have

to answer any questions if you do not want to.

5. You will be given a copy of the taped interview.

1. The police cannot fingerprint a person under the age of 10.

2. Between the ages of 15 and 17 the police can take your fingerprints if they believe, on reasonable grounds, that you have committed an offence.

3. Your parents or an independent person must be with you when you are asked by police to have your fingerprints taken and if your fingerprints are taken.

4. A court order must be obtained if your parents or guardian refuse permission.

5. If you refuse, the police can use reasonable force (physically restrain you) but this must be audiotaped or videotaped.

6. The police must destroy your fingerprints after 6 months if you are not charged or if you are found not guilty of the offence.

3 Phone call

4 the formal interview

5 Fingerprinting

6 Charged

REMEMBER1 What is the role of police in our society?2 When must you go with a police officer

to the police station?3 Under what circumstances can police

(a) arrest a person and (b) fingerprint them?

COMMUnICAtE4 Arrange for a police officer to speak to

your class. Ask the officer to describe her or his duties, power of arrest and

the events of an average day. Prepare suitable questions to ask, including those that might explore different perspectives on the law.

tHInk5 Create a mind map to summarise

the series of events that may occur if a person is arrested. Also record a person’s rights and obligations. You might like to use ICT software such as Inspiration.

Student worksheet 5.2, 5.6


After being arrested, you may end up in court if the police feel they have a strong case against you. If you plead not guilty, a trial will be conducted. It will take place in a courtroom. In Australia, the method of trial used is called the adversarial system. This means two opposing sides present their arguments to an independent umpire — a judge or a magistrate.

5. 4 Going to court

Courts can be very tense places. The decisions made in them can have an enormous impact on people’s lives. Courts and the officials who work in them deal with real-life dramas. Although each courtroom official has a specific role to play, they are all attempting to achieve the same objective: justice. The main roles include magistrate, judge, juror, prosecutor and counsel for the defence.

B Members of the public, who listen to and observe the court proceedings

C In criminal cases, the prosecutor has to convince the jury that a person is guilty. This is done by asking questions of witnesses to draw out relevant information. In civil cases, a barrister will act on behalf of the plaintiff. Their role is to present reasons that their client should receive compensation.

A Anyone whose name is on the electoral roll can be called as a juror, although some people are ineligible, excused or disqualified. In a criminal case, the jury consists of 12 people. In a civil matter, only 6 people decide how much money should be paid for damages. In a criminal trial, the jury must decide beyond reasonable doubt whether a person is guilty. All the jurors have to agree.

D The judge’s associate is a trained lawyer who manages much of the paperwork.

A COURt WItH A JUDGE AnD JURY — COUntY COURt OR SUPREME COURt

In the Magistrates’ CourtA magistrate is in charge of the lowest court, where the atmosphere is much more informal. He or she does not wear a wig or a robe, and is a qualified legal practitioner. People address a magistrate as ‘Your Honour’.

After hearing the cases presented by both sides, the magistrate decides whether a person is guilty or innocent. If people are found guilty, the magistrate decides the punishment or (in civil cases) how much money to award as damages. A magistrate will refer serious criminal offences to the County Court.


adversarial system a system of trial in which the prosecution and defence argue their case and the judge or magistrate acts as an independent umpirebarrister a lawyer who specialises in appearing for clients in courtcounsel for the defence the lawyer acting on behalf of the accusedjudge a court official who presides over cases in courts higher than the Magistrates’ Courtprosecutor a lawyer or police officer who brings an action against the accused on behalf of the statesolicitor a lawyer who is available to help with your legal problems in their office and will appear for you in court

REMEMBER1 Explain how the adversarial

system operates.2 List the main courtroom

officials.3 How many jurors are there for

(a) a civil case and (b) a criminal case?

4 When may a judge question a witness?

5 What is the jury’s responsibility in a criminal trial?

tHInk6 Explain the difference in roles

between the following pairs:(a) magistrate and judge(b) defendant and plaintiff(c) prosecution and counsel

for the defence.(d) barrister and solicitor.

ICt7 In small groups, use a search

engine to locate a recent criminal court case that interests you. Use the illustration and labels on this page as prompts for your research. Find out as much as you can about this case, and its potential impact (e.g. social, economic, environmental) on the community. You may need to visit a library or use the internet to locate the media reports you need.(a) Report your findings to the

class. State what the group’s view is about this particular case.

(b) Suggest how you, as a group, might have treated the case if you had been the various officials (e.g. judge, prosecutor), giving reasons for your viewpoint.

J Members of the media, who observe proceedings so they can report what happens

H Witness box, from which people give evidence

I A prison officer from the prison where the accused person has been held

F The tipstaff helps the judge keep order in the court.

G In criminal cases, the counsel for the defence represents the accused. If the accused pleads guilty, the counsel for the defence presents arguments to try to lessen the punishment. If the client pleads not guilty, defence counsel must convince the judge or jury that the client is innocent. In a civil case, the counsel for the defence attempts to convince a judge (and occasionally a jury) that no wrong has been committed. If successful, the client does not have to pay damages.

E The judge is addressed as ‘Your Honour’. He or she listens to arguments presented by the prosecutor and the counsel for the defence, and is not allowed to ask a witness questions (except to clarify a point). When there is a jury, the judge has to make sure jury members understand the proceedings and evidence presented. If a jury announces a guilty verdict (decision), the judge decides the sentence or punishment.

K The accused

Student worksheet 5.1, 5.3

How to analysea legal case

Is it a civil or acriminal matter?

What is thelegal problem?

Who are thepeople involved?

What legal actionwas taken to dealwith the problem?

If the legal action hasbeen completed, wasit successful? Were the

parties satisfied?

THE courtroom was packed and buzzing, the public gallery full, but everyone instinctively fell silent when Robert Farquharson was led in to face his doom.

The first part of Justice Philip Cummins' address offended no one. He talked about the need for the law to protect vulnerable children. "If the law fails there, the law fails," Justice Cummins said.

Then he turned to Farquharson's conviction three weeks ago for killing his children: Jai, 10, Tyler, 7, and Bailey, 2, who drowned when they were driven into a dam on Father's Day 2005.

He said to Farquharson: "You wiped out your entire family in one act. Only the two parents remained: you, because you had always intended to save yourself; and their mother, because you intended her to live a life of suffering."

At this, Farquharson shook his head. His two tearful sisters and half a dozen other relatives stood up and filed out of the courtroom in silent protest. They were not there to hear the quiet gasps when Justice Cummins finally came to his decision — a life sentence for each life taken, with no chance of parole.

Failing a successful appeal, Farquharson, 38, a man who was said to have dearly loved his children, will spend the rest of his life in jail for their murders.

Farquharson has always claimed he suffered a coughing fit and blacked out, resulting in the car veering off the road and into a dam.

He claimed he tried to dive in for his children but was unable to save them.

The prosecution at his trial alleged that he had planned the killings in revenge against his former wife, Cindy Gambino, for leaving him, finding a new man and making his life financially difficult.

An old friend, Greg King, testified that Farquharson had told him he planned to do something to the children, and that an accident would involve a dam and a special day, such as Father's Day, so that their mother would suffer on the anniversary for the rest of her life. As Justice Cummins repeated these claims yesterday, Farquharson looked shocked, as if he had not heard them before. He shook his head, puffed out his cheeks, and muttered over and over, "bulls--t!"

The judge pointed out that Farquharson had refused offers of help that night from others who wanted to dive for the children, and that he stood by while his former wife's new partner dived for them alone.

The judge said he believed the evidence of Mr King about Farquharson having formed "a dark contemplation".

FARQUHARSON JAILED FOR LIFEWITHOUT PAROLE

5. 5 SkillBuilder


Analysing a legal case study

How to analyse a legal case studyYOU WIll nEED:• your Humanities Alive Economics &

Citizenship Second Edition textbook• your workbook• any material you collected in your

research• Post-it Notes and highlighters

StEP 1 Read the case study twice: once to get the general idea of the content and the second time to identify the key issues. As you read through the second time, use a highlighter, arrows and Post-it Notes to identify the key issues.

StEP 2Identify and define important terms. Use a dictionary or the internet to find out what they mean.

StEP 3 Write your answers in dot points under the headings provided on the proforma shown in figure 3.• What is the legal problem?• Is it a civil or criminal matter?• Who are the people involved?• What legal action was taken to deal

with the problem? (Court case? Settlement?)

• If the legal action has been completed, was it successful? (Were the parties satisfied?)

Why are legal case studies important?Case studies help you to understand the legal system. They are real-life examples that show how thelegal system works and how the law applies to individual situations. Lawyers use previous casesto advise their clients about the likely outcome of their case.

Why do you need to analyse case studies?You need to analyse a legal case study to identify the people involved, the legal problem, the type of legal action that was taken and the outcome of the case. When you have identified the elements of the case you will be able to better understand how the legal system works.

FIGURE 1

FIGURE 2

FIGURE 3


Developing my skills

Brookland Greens EstateSlater & Gordon (law firm) is conducting a class action on behalf of hundreds of property owners whose properties have been affected by a methane gas leak from the disused Stevensons Road landfill in Cranbourne.

The statement of claim that was lodged with the Supreme Court of Victoria in November seeks unspecified damages from the defendant, the City of Casey.

Slater & Gordon lawyer Ben Hardwick says over 560 households have signed up for the class action and others are expected to follow.

‘The claim is based on the diminution in the value of over 800 properties which, in early September, were collectively worth more than $320 million (based on an average of $400 000). Their current value is unknown and ultimately that loss will be determined by the court.

‘We allege that the City of Casey — the sole occupier and EPA licence holder of the Stevensons Road landfill since 2005 — has failed in its management of the site.

‘Despite EPA warnings since 2001 and the Council’s healthy financial position, it elected not to take appropriate remedial measures that could have prevented the recent incident occurring.

‘Of course, we would prefer to avoid the time and expense of court proceedings, and would welcome the chance to meet with the City of Casey and its insurers.’

Lead plaintiffs in the class action are Matthew and Theresa Wheelahan whose backyard is only 30 metres from the landfill. Their home was valued at $424 000 in September, just before the methane leak scare.

‘We’re all so stressed,’ says Matthew. ‘This was supposed to be an investment for our future and we chose the best house we could afford, the one that won the House of the Year in 2007.

‘Now we’re paying a mortgage every week on a house that we don’t know the value of.

‘We moved into the property in November last year (2007) and were about to begin capital works like decking and the garden. Our dream now is in limbo, as we wait for the outcome.’

Slater & Gordon is also investigating separate legal action for the owners of 67 properties near the landfill.

Slater & Gordon is investigating the class action on a No Win–No Fee basis and concerned property owners

should contact Slater & Gordon. Information current as of 2 February 2009

TaskRead the case study below. Use the steps on the proforma shown opposite to analyse the case study.

Evaluate your performanceCopy the table below into your workbook and complete it using rating 1 as the highest rating.

Analysing a legal case study 1 2 3 4 5

My ability to identify the main elements in the case study was:

The proforma was useful in helping me to analyse a legal case study.

I would now feel comfortable analysing another legal case study.

Cranbourne gas emission class action



If the police decide to prosecute someone for a crime, they have no choice but to go to court. However, if people want to sue another person (civil law), it is their choice. It is not an easy decision. Court cases can be time-consuming and expensive, with long waiting lists. There is always a winner and a loser. Courts can be very stressful and quite intimidating. For these reasons many people did not go to court even when they had good reason. Our legal system needed to find a way to use alternative methods so that people could settle their disputes without going to court.

5. 6 Staying out of court

FIGURE 1

Why try to stay out of court?The process used to run a court case is the adversarial system. Remember that adversary means opponent. In a court case, one party wins and the other party loses. It can be compared to a competition. The winner is the party who presents the most convincing case, and the loser often has to pay the court costs of the winner, as well as their own. The whole process can be slow, expensive and very disappointing. By using alternative methods and trying to reach an agreement without going to court, both parties can win. It is a win–win situation.

What are these alternative methods of resolving civil disputes?1. Negotiation can be the first step. The parties discuss

their problem and try to work out a compromise (where both parties agree to a solution). Lawyers are not needed, but they do often use negotiation to keep their clients out of court.

2. Mediation occurs when a third party helps those involved in a dispute to reach a solution acceptable to both sides. Mediators do not act for any of the parties, nor do they advise or decide who is right or wrong. Their main role is to encourage the parties to examine all the issues. Discussions are confidential and held in a non-threatening environment. The Family Court, which deals with marriage disputes, often uses mediation. It tries to get both

A mediation session An arbitrated decision Building disputes are often resolved at a tribunal hearing.

parties to examine all the issues involved and to work towards their own agreement. The main advantage of mediation is that both parties feel that they have achieved something by themselves. It provides a win–win solution whereby no-one is seen to ‘lose’.

3. Arbitration is similar to mediation in that a third person assists the parties in dispute to reach their own solution. However, if the parties cannot reach agreement, the arbitrator decides for them. The arbitrator’s decision is binding, which means that both parties must accept the decision. The Magistrates’ Court often uses arbitration in civil claims of less than $10 000. The main advantage of arbitration is that both parties have usually agreed to arbitration. They therefore feel they have more control over the process than they would in a court hearing.

Where are these alternative methods used?Tribunals were set up as informal alternatives to courts where there were no lawyers and very few costs. People conducted their own case. The waiting time was cut down dramatically, and because they were specialised these tribunals were very efficient. They became very popular and well used. In 1988 the Victorian government organised the many tribunals that had


discrimination to treat a person differently because of their gender, age, race, religion or disabilityimpartial not in favour of one side or the other, not biasedombudsman an organisation that investigates complaints about the government and its agencies

REMEMBER1 List three alternative methods of resolving disputes.2 What are the advantages of using alternative

methods (instead of going to court)?

tHInk3 Design the cover of a brochure for young people

advertising the role of the Victorian Equal Opportunity and Human Rights Commission. Before you start, develop a design brief that clearly states what information, style and ‘look’ is required to best suit the target audience and the Commission itself.

COMMUnICAtE4 Copy the table below into your workbook and

complete it using the information on this double page spread. Discuss your answers as a class.

Type of problem

Best method of resolving the problem

Place where this dispute

would be heard

Who will the children live with if their parents separate?

What can be done about our neighbours’ barking dog?

How can I get the business to replace my faulty product?

What can I do about my workmates hassling me about what I look like?

DESIGn AnD CREAtIvItY5 Design a brochure explaining how a person could

use the Victorian Equal Opportunity and Human Rights Commission to help them resolve a problem that is occurring at work.

developed under one umbrella: VCAT, Victorian Civil and Administrative Tribunal.

Victorian Civil and Administrative TribunalThis government tribunal hears disputes on a wide range of issues including matters to do with credit, domestic building work and tenancies. During a hearing, both parties present their arguments under oath. Witnesses and written documents can be used to support a person’s claim. Each party may ask questions of any witness. In these respects the tribunal is similar to a court, except that the proceedings are more informal.

VCAT

Civil• credit• tenancies• buildings

Administrative• planning• taxation• land evaluation

Human rights• equal opportunity• anti-discrimination• guardianship

FIGURE 2

authorities, including the police and local councils. The Ombudsman provides a free, independent and impartial service. Any member of the public can complain. If the complaint is justified, the Ombudsman will recommend changes to fix the problem. The Ombudsman always informs the complainant about the outcome.

Victorian Equal Opportunity and Human Rights CommissionThe Commission helps people to resolve complaints of discrimination, sexual harassment and religious vilification (causing harm through abuse). It offers a confidential, free and impartial complaint resolution service. The aim is to achieve a mutual agreement. If the dispute cannot be resolved, the matter can be referred to VCAT for arbitration.

Dispute Settlement Centre of VictoriaThis is a state-funded centre that has been set up to mediate disputes between neighbours. For example, noisy pets, overhanging trees and even disgusting behaviour can be mediated. The aim is to allow both parties to voice their complaints and reach an agreement. Resolving the dispute quickly may help reduce tension and hostility. The centre is a free service and is available throughout the state. However, mediation can occur only if all parties agree to attend.

The Ombudsman VictoriaThe Ombudsman Victoria investigates complaints about Victorian government departments and


124

Our political and legal systems help to ensure that Australia is a safe community and that its citizens enjoy a wide range of human rights and freedoms. Living in a democracy, we have the right to choose our government and we expect our personal rights to be respected. Most of us are law-abiding citizens, but sometimes our rights are infringed by others who choose to break the law.

124

5. 7 Your rights and the law

The Universal Declaration of Human RightsIn 1948, three years after the end of World War II, the General Assembly of the United Nations (UN) passed the Universal Declaration of Human Rights. This Declaration contained 30 principles or articles that set out the human rights that should be available to every person in the world. The rights in the Declaration include social rights, political rights and economic rights.

Assembly members were asked to ensure the content of the Declaration was distributed and displayed widely, particularly within the schools and educational institutions of their country.

Some key articles of this Declaration are listed and/or illustrated on these two pages.

All of the countries which signed the Universal Declaration of Human Rights are committed to putting the 30 principles into practice. Some countries are closer to achieving this goal than others, but it is important to have a benchmark from which to operate. Over time, more and more countries are improving the level of human rights of their people.

Australia has signed many of the UN treaties and declarations, but has not always put them all into practice. In 1999 Australia (under the Howard government) was criticised by the UN for its policies on mandatory detention and indefinite detention of refugees. Other UN Declarations have not been supported by Australia. An example of this is the Declaration on the Rights of Indigenous People, which was signed by 143 countries, but not Australia, New Zealand, Canada and the USA. In 2009 the UN Human Rights Committee praised Australia (and the Rudd government) for the historic apology to the Stolen Generations, but gave Australia

Articles 19 and 20 of the Declaration assert people’s rights to express their opinions freely without interference, and the right to assemble [group together] peacefully.

FIGURE 1

• Article 1: All human beings are born free

and equal in dignity and rights. They are

endowed with [they possess] reason and

conscience and should act towards one

another in a spirit of brotherhood.

• Article 3: Everyone has the right to life,

liberty and security of person.

• Article 9: No-one shall be subjected to

arbitrary [random, without good reason]

arrest, detention or exile.

• Article 12: No-one shall be subjected to

arbitrary interference with his privacy,

family, home or correspondence, nor to

attacks upon his honour or reputation.

Everyone has the right to the protection

of the law against such interference or

attacks.

FIGURE 2


Some of the political rights and freedoms, not written down in a bill of rights, which you enjoy as a citizen of Australia

Article 18 preserves the right of everyone to freedom of thought, conscience and religion, and to demonstrate his or her beliefs in public.

Article 21 (1) declares the rights of everyone to participate in the government of his or her country, either directly or through an elected representative.

Right to vote inan election or a

referendum

Right to expressa political opinion

in public orin writing

Right to standfor election to

parliament or a local council

Right to joinand participate

in a union

Right to strike or to boycott

a productor service

Right to takepart in a

demonstrationor publicmeeting

Right to becomea member of apolitical party

Right to approachthe mediato make a

grievance known

Right to makerepresentations

to politicians and government

bodies

Right to become part of a pressuregroup or a lobby group

You

FIGURE 3

FIGURE 5

FIGURE 4

Breaking the law — infringing human rightsMany crimes that occur in our society directly infringe the human rights of individuals, as outlined in the UN Declaration of Human Rights. Indirectly, these crimes also threaten the fabric of our democratic society and the rights of the wider community. For example, the burglary of one house in a street directly affects the people who live there; it can also create fear and suspicion in the whole street and wider community, thus impinging on the rights of others in the street to feel safe and to enjoy ‘security of person’.

Figure 6 on page 126 shows a wide range of laws being broken in a community. Study it carefully. As you do, think not only about how the rights of individuals in this illustration are being ignored, but also about how the rights of the whole community are being threatened by these activities.

one year to improve other areas where human rights are still being breached. These include reconsidering the intervention by the federal government in Aboriginal communities in the Northern Territory, the detention of refugees, anti-terrorism laws and violence against women.


FIGURE 6

What sort of Australia do we want to live in? I’m quite sure most people, like me, would say they want to live in a society where respect for the individual is recognised as precious. Where everyone is valued, whether they are male or female, young or old, an Aboriginal or Torres Strait Islander, whatever their faith, whether or not they have a disability — everyone.

As Australians, there is much of which we can be proud. Ours is a robust (strong) democracy with an independent judiciary. There are low levels of official corruption. Most of our communities are safe, and most Australians have access to health care.

But we still have a long way to go.Contrary to popular opinion, Australian law doesn’t

always protect our human rights and Australian law-makers can abolish most of the rights we have.

Right here in our own country, innocent people, including children, have been unjustly detained. Our own country has deported its citizens. Our own government has discriminated against our fellow Australians on the basis of race.

Sixty years ago today, nations from around the world made an historic commitment to protecting the freedom, dignity and equality of all people by creating the Universal Declaration of Human Rights. Human rights were then, and continue to be now, the foundation of a fair, democratic, inclusive and peaceful society. A society where we can all feel safe and be protected from violence; where everyone has the opportunity to participate in their community; where we all treat each other with respect.

Australia played a leading role in the development of the Universal Declaration. Now, almost 10 years into the 21st century we have a chance to breathe new life into the Declaration; to make it even more relevant to Australia today.

Like most people, I am sure, I want to live in an Australia of which I can be uniformly proud. Where freedom, equality and dignity matter. Where human rights matter.

by The Hon. Catherine Branson QC, President of the Australian Human Rights Commission and former Federal Court Judge

Preventing injustice before it can happen — let’s bring human rights home

The rights of law-breakers In 2005, a convicted rapist was sentenced in Victoria to serve a jail term of ten years. Following his sentencing, his mug shot (photograph usually taken for police files) was published in a suburban newspaper.

The Victorian Privacy Commissioner appealed on his behalf to the Victorian Civil and Administrative Tribunal (VCAT) for what his client saw as an invasion of his right to privacy, and his exposure to humiliation. The VCAT ruled in the convicted rapist’s favour: the police were instructed that, in future, they must advise convicted law-breakers if they intend to publish their mug shot, and invite them to appeal to the VCAT if


tHInk1 (a) Study articles 1, 3, 9 and 12 of the Universal Declaration of Human Rights

shown in figure 1 on page 124.(b) Now look back to the table showing our values on page 102. Write a

paragraph describing the similarities and differences between these two documents.

2 Look at figure 6 on the facing page. Identify as many crimes as you can. Copy the table below into your workbook and complete it. You will need more lines than shown below.

Crime being committed

Impact on the rights of the individual

Impact on the community

3 Identify two or three serious crimes that have been committed in Australia recently, perhaps even in your local area. (a) Who was directly affected by these? (b) How do you think these crimes might have infringed on the rights of

others in the community?(c) In what way, if at all, might these crimes potentially infringe on your

rights? Explain.

COMMUnICAtE4 Consider the issues relating to the publication of convicted criminals’ mug

shots. (a) What do you think about this issue? Share your views with others in a

small group. Listen carefully to others’ views, even if they are different from your own. A spokesperson will present the group’s findings to the class.

(b) Afterwards, write a short piece in your notebook, reflecting on this discussion and how it affected your appreciation of the issues. Consider to what extent your views about such issues might have changed over time, or even as a result of this discussion.

5 Read the article on the facing page and answer the following questions.(a) What does the author say that Australia can be proud of?(b) How are human rights issues protected in Australia?(c) How have human rights been breached in Australia?(d) In what sort of Australia does the author want to live?

ICt6 Use the Human Rights weblink in your eBookPLUS to download a copy of

the Universal Declaration of Human Rights. After reading the Declaration, discuss in small groups (or online with a few classmates) which of these individual rights (if any) you would be prepared to forfeit (or be less demanding of) for the sake of better protecting the rights of your wider community. Justify your decisions.

DESIGn AnD CREAtIvItY7 Use the copy of the Universal Declaration of Human Rights you

downloaded for activity 5 to prepare an illustrative collage displaying the many human rights you feel that Australians enjoy. Suitable illustrations should have the respective article neatly written underneath. Display completed posters around the classroom.

boycott refuse to use or deal withcivil liberties basic rights of citizens in a democracygrievance a complaintindefinite detention when a person is in custody without a set time limitindependent judiciary judges who are able to work without interference from governmentintervention stepping in to solve or settle a dispute or problemlobby group people who meet with, and try to influence, members of the governmentmandatory detention compulsory imprisonment according to a law rather than a judge’s decision in a particular casepressure group people who share a particular point of view joining together to increase their influencerefugee a person who flees to another country, often without identity papers

they want this action stopped. The ruling prompted widespread debate in the community.

This case raises a number of questions: • Shouldpeopleconvictedof

crimes, especially serious crimes, have the same rights as law-abiding citizens?

• Dotheyforfeitthesewhentheydeliberately choose to break the law?

• Aresomeindividualrights,suchas those defined in the Universal Declaration of Human Rights, so fundamental that they apply no matter what the individual might do?

• Issuchaprincipleabasicfoundation of our civil liberties and of our system of justice in Australia?

• Atwhatpointisthebalancetipped — where the rights of a community (or those people directly or potentially affected by, say, the actions of a law-breaker) weigh more heavily than the rights of an individual, or vice-versa? What do you think?



Australia became an independent nation with its own Constitution in 1901. However, our Constitution does not contain a bill of rights. Australia is one of the few developed countries without a bill of rights. In fact, most Australians would be surprised to learn that our Constitution protects very few of our rights and there is a possibility that existing rights may be altered by parliament. There is widespread debate as to whether it is time for Australia to have a bill of rights.

128

5. 8 Do we need a bill of rights?

Unlike Australia, the United States does have a bill of rights. The United States’ Constitution was developed following the American War of Independence (when the American colonies broke away from Britain) in 1776. The US Bill of Rights comprises 10 of the first 12 amendments to the new constitution proposed in 1789 by the United States’ First Congress. Included are the right to speedy and public trial by an impartial jury and the right to keep and bear arms (weapons).

If we had a bill of rights, as citizens we would know what our rights were and could be confident that they could not be breached by governments, employers and other groups and individuals. We would have a culture

FIGURE 1

in which people were more educated about their rights and it would be more likely that those rights would be upheld. If Australia had a bill of rights we would be in line with the other Western democracies.

Look at figure 1. You will notice that in the Australian Constitution there is no mention of freedom of speech, freedom of association, protection from cruel and degrading treatment and other basic human rights. There is no mention of our legal and democratic rights.

Does Australia need a bill of rights?There are strong arguments both for and against introducing a bill of rights in Australia. Those in favour argue that citizens would benefit from having their rights written down — that it would stop the government making laws or policies which discriminated against some groups. The people who want a bill of rights think that it would be the best way to protect our civil liberties.

Other people argue that a bill of rights would become out of date very quickly. They argue that trying to write down our rights would lead to losing them. They say that such a document would be too rigid and would give judges too much power — power which should remain with the elected government. They argue that we don’t need a bill of rights because we are already protected by the Australian Constitution and by the international agreements on human rights that we have signed.

In 2004 the Australian Capital Territory (Canberra) enacted the first bill of rights in Australia. Two years later, Victoria followed with its own bill of rights. Rob Hulls, the Attorney-General at the time, said: ‘At the heart of Victoria’s Charter of Human Rights and Responsibilities is respect: the belief that everyone is entitled, as we say, to “a fair go”. It’s part of our national character.’

Opposite is a list of many of the rights which are now protected by the Charter of Human Rights and Responsibilities Act 2006 (Vic.).


compulsorily acquired when the government orders you to sell your property to itfreedom of association being able to meet with any number of people and talk about any topic

REMEMBER1 List the only rights protected by Australia’s

Constitution.2 Give examples of rights that are protected by the

US Bill of Rights.

tHInk3 Rule up two columns with the headings ‘In favour

of a bill of rights’ and ‘Against a bill of rights’. Use the information in the text to fill in at least four dot points in each column.

4 Make your own list of the ‘Top 10 rights in the Victorian Charter’.

COMMUnICAtE5 With the growing threat of terrorism in the world,

the Australian government has passed a law that could potentially affect the right of citizens to enjoy freedom from arbitrary (random) arrest. Detention and interrogation may result from refusing to cooperate with authorities in providing information to help police and national security officials in their inquiries. Debate these questions as a class:(a) Are there situations (existing or potential) in

which individual rights and freedoms should be given up for the overall good of society?

(b) Are there human rights values that can never be denied, no matter what the circumstances?

6 In small groups, work out a bill of rights for your class. Discuss what values and principles the group thinks is most important and decide on the top ten. Use ICT tools and techniques to design and produce a document detailing these rights. Share your completed documents with other groups.

7 Do you think Australia should have a bill of rights? Write a letter you could send to your local member of parliament outlining your views (either way), and justifying your reasons.

DESIGn AnD CREAtIvItY8 In pairs, develop a marketing program that the

government could use to inform Australian citizens about a bill of rights, if it were to be introduced. Your program should be both informative and engaging. (It may consist of a range of media, e.g. posters, television advertising.)

FIGURE 2

The International Covenant on Civil and Political Rights (ICCPR), developed by the United Nations, sets out the basic rights of the world’s citizens. Countries can choose to be a signatory; if they sign it, as Australia has done, it means they support these rights for their own citizens.

To recognitionand equality

before the law

To freedom of religion and

belief

To privacy

To freedom ofmovement

To protectionof the family

To protectionfrom torture

To life

Rightsidentified by the

ICCPR

With other Australian states considering the introduction of a bill of rights, is it now time for Australia to have a bill of rights for all Australians?

You can compare the rights in the Victorian Charter to those identified by the United Nations (figure 2).

◗ Recognition and equality before the law

◗ Right to life

◗ Protection from torture and cruel, inhuman or degrading treatment

◗ Freedom from forced work

◗ Freedom of movement

◗ Privacy and reputation

◗ Freedom of thought, conscience, religion and belief

◗ Freedom of expression

◗ Peaceful assembly and freedom of association

◗ Protection of families and children

◗ Taking part in public life

◗ Cultural rights

◗ Property rights

◗ Right to liberty and security of person

◗ Humane treatment when deprived of liberty

◗ Children in the criminal process

◗ Fair hearing

◗ Rights in criminal proceedings

◗ Right not to be tried or punished more than once

Check and challenge


FIGURE 2

1 What is the difference between:(a) criminal law and civil law?(b) indictable offences and summary offences?

(pp. 112–3)2 Decide whether the following words are associated

with civil or criminal law: fine, prosecute, plaintiff, negligence, theft, compensation, accused, sue.

3 Indicate whether the following statements are true or false.(a) It is the job of the prosecution to prove whether

the accused is guilty as charged.(b) A jury decides the verdict in the Magistrates’ Court.(c) The degree of proof required in civil cases is less

than that required in criminal cases.(d) The County Court is Victoria’s highest court.(e) Most cases in Victoria are heard by the Supreme

Court.(f) In some circumstances, police can arrest you even

though they do not have a warrant.(g) A person charged with murder is likely to be kept

in remand.(h) VCAT is a court.(i) Freedom to participate in a religion is a human

right.(j) Australia has a bill of rights similar to that of the

United States.

murderjudge guilty

counsel for the defence

prosecutionjury appeal

4 Write a brief report of a court case using the following words. (pp. 118–9)

5 Create a simple illustrated children’s book to explain the differences between the different courts in Australia. (pp. 114–5)

6 If a person is aged between 15 and 17, what conditions apply before the police can take that person’s fingerprints? (p. 117)

7 List two advantages and two disadvantages of the adversarial system. (pp. 118–9, 122–3)

8 How does the role of the Ombudsman in Victoria differ from that of the Victorian Civil and Administrative Tribunal? (pp. 122–3)

9 What basic human rights, as outlined in the Universal Declaration of Human Rights, are evident in the following photographs. (You may need to consult the relevant website.) (pp. 124–5)

FIGURE 1

FIGURE 3


FIGURE 4

10 People can be excused from jury duty if they are too ill or cannot travel, or if they work in the legal system. Who else, do you think, should be excused? Justify your view.

11 Imagine you and three of your friends have been shipwrecked on a deserted island. You have very few provisions, although the island has lots of edible vegetation and water.(a) Write out a list of five rules your group agrees

to follow until rescued.(b) How will you ensure everyone obeys them?(c) How will you decide that someone is

responsible for breaking a rule?(d) What will be the consequences if somebody is

found to have broken the rules?(e) Who will enforce the rules?(f) Under what circumstances may it be acceptable

to break a rule?

A Big Day Out concert in Sydney in January 2001 ended tragically with the death of Australian teenager Jessica Michalik. The sixteen-year-old suffered a heart attack in a mosh pit crush during a performance by the rock band Limp Bizkit.

The band incurred substantial legal fees in defending the claims of wrongful death filed by Jessica’s parents.

However, when the band tried to recover these fees, its insurer, United National, responded by suing the band instead. The insurer claimed that Fred Durst, the band’s lead singer, had encouraged the crowd to push towards the stage. Furthermore, it claimed, the concert was not covered by the provisions of the policy the insurer had issued for the band.

A court hearing in Australia, and a coroner’s inquest, found the band and related parties were not to blame for this tragedy.

Limp Bizkit under fire

13 Read the article below and answer the questions that follow.

12 Discuss the following problems with a partner. For each problem decide on an appropriate method and/or place for resolving the matter. (a) Mietta applied for an apprenticeship as a chef.

At the interview she was told they were only interested in employing males. She believes this is a case of discrimination.

(b) Bob is a night shift worker. He finds it hard to sleep during the day because his neighbour’s pet ducks quack constantly.

(c) The police charged Jason with assault and theft after he bashed a boy and took his mobile phone.

(d) Lily is allergic to peanuts. She became seriously ill after eating a health bar. The label stated that the bar did not contain peanuts. The manufacturer apologised and said they had made a mistake with the labelling.

(a) Why was the band being sued at the time of the article?

(b) What tragic event occurred to prompt this legal action?

(c) If an individual attends a public event such as the Big Day Out, what rights should he or she expect will be protected? Who should be responsible for ensuring those rights are protected: event organisers, performers, attendees or all of these people? Give a reason for your answer.

14 Imagine you are a member of the jury. The accused has been charged with armed robbery. (a) What court would you be in?(b) How many people in total are on the jury?(c) Draw a floor plan of the courtroom and indicate

where the following are located: the judge, the jury, the prosecutor, the counsel for the defence, the judge’s associate, the tipstaff and the witness box.

Thinking about . . .


1 LawsTwo important types of law are criminal law and civil law. Our criminal laws help provide us with a peaceful, safe community. Our civil laws help protect our individual rights. The type of law involved determines how each matter will be resolved.1 A civil dispute may be resolved by court action.

Identify other methods that may be used to resolve a civil matter.

2 What are some powers police have to investigate crimes?

3 What may be the consequences of breaking the criminal law?

2 CourtsLaws apply to everyone in the community and are enforceable by the courts. There is a hierarchy of courts, which guarantees our access to the appropriate court.1 Why do we have a hierarchy of courts?2 Why were tribunals introduced? How have they

improved the legal system?3 Identify four courtroom officials you would

expect to see in a criminal trial in the Supreme Court.

3 Human rightsAustralia has a reputation for looking after the rights of its citizens, yet our Constitution explicitly protects very few of our rights. Perhaps we need a bill of rights to guarantee the protection of the rights of every citizen.1 Which rights does our Constitution protect?2 Which rights do you think should be protected by

our Constitution?3 Does Australia need a bill of rights?

…what I have learnt

Indigenous Australians living in sub-standard conditions


133

Thinking about . . .

Chapter 5: Our legal system

. . . how I learnNo two people learn the same way. Reflect on the following learning experiences provided in this chapter. Give yourself a ranking from 1 (highest) to 5 (lowest) to indicate how useful each one was in contributing to your understanding of our legal system.(a) Using a mind map to summarise information(b) Reading and analysing legal case studies(c) Looking at photographs and illustrations

showing how our legal system works(d) Using the internet to find legal information(e) Reading newspapers to research legal case studies(f) Working independently(g) Working collaboratively with others(h) Discussing legal issues with others(i) Hearing about legal issues(j) Using a range of ICT tools to design and create

a solution

How does our legal system work and how do laws protect us? Provide five examples of how laws are part of your everyday life. Write a paragraph explaining why we need different types of laws to protect us.

BACK TO THE ESSENTIAL QUESTION

Self-evaluationIn this chapter you were asked to locate and analyse legal case studies. Think back over these tasks and assess your abilities. Complete the table by placing a tick in the appropriate column for each description.

I can . . . High Medium LowNeeds

improvement

. . . identify the difference between a civil and a criminal case study.

. . . independently select appropriate case studies from a range of sources.

. . . work productively with a partner to select and discuss legal case studies.

. . . identify the legal action that was taken in a case study.

. . . identify an appropriate place and/or method for solving a legal dispute.

eBookpluseBookplus ICT activities


eLesson

JUDGESThis video eLesson puts the world of judges under the spotlight. In ancient Egypt, the Pharaoh and his right-hand man, the grand vizier, sat as judges — showing little or no mercy. In some civilisations elders sat as judges or there were huge, unwieldy juries of 300 people. Who are judges today? How do they get there, what’s the job like and what happens when they falter or fail?

SEARCHLIGHT ID: ELES-0786

Interactivity

tIME OUt: ‘CIvIl AnD CRIMInAl lAW’In this exciting interactivity, you must identify whether a series of scenarios would be covered under civil or criminal law. You are presented with images depicting different scenes and you must think quickly before your time runs out — the faster you answer, the more points you get.

SEARCHLIGHT ID: INT-1402


These ICT activities are available in this chapter’s Student Resources tab inside your eBookPLUS. Visit www.jacplus.com.au to locate your digital resources.

eLesson

JURIESThis video eLesson puts the world of juries and their role in the decision-making process under the spotlight. Is the jury important to us or are we happy for judges and magistrates to do the job? Is the jury still an important chance for public participation in our justice system and worth fighting for, or has it outlived its usefulness?

SEARCHLIGHT ID: ELES-0785

Interactivity

REvElAtIOn: ‘tHE COURt ROOM’This interactive Revelation game will test your knowledge of courtroom procedure and challenge you to identify the roles of individuals in a court case.

SEARCHLIGHT ID: INT-1206

Documents

CHAPTER 5 Our legal system - global2tcy9.global2.vic.edu.au/files/2014/10/Legal-System-13g… · · 2016-03-17What is the first thing that comes to mind when you hear the word law?