The Court System cont’d

UNIT 4 – LESSON 14
Learning goals

I will understand the structure of the court system in

Australia in respect to civil versus criminal law.

I will be able to categorise sample cases into their

respective jurisdictions.
 Warm up – Prior knowledge
1. Which court hears more serious crimes; supreme or
magistrates court?
2. What power does the judicial have?
3. Which court is at the top of the court hierarchy?
4. Which court is at the bottom of the court hierarchy?
1. Supreme
2. Power to judge the laws
3. High court
4. Magistrates court
Come inside, copy this and fill in the
blanks

The High
Court

The Family The Federal

Court Court

The Supreme

The District

The
Magistrate
 Criminal Cases
• Criminal law protects the community from the harmful actions of
others. When a person commits a crime, the state prosecutes that
person by having them taken before a court.
• Our courts operate under an adversary system. This means that
two opposing sides present their arguments to an independent
umpire, (a judge or magistrate).
• The prosecuting side (the prosecution) is required to prove the guilt
of the person accused of the crime.
• The accused person has a right to present his or her side of the
argument (known as the defence).
 FIGURE 1: What happens in criminal cases

In criminal cases a person found to be guilty will be sentenced to

receive a punishment, such as imprisonment or a fine.
 Civil Cases
• Civil law deals with non-criminal disputes between individuals or
groups. These can arise in matters related to business dealings, or
when a person is harmed by the careless actions of another.
• Civil cases also operate under the adversarial system, with each side
presenting their arguments before an independent judge or
magistrate. The person making the complaint is known as the plaintiff
and the person accused of doing the harm is known as the defendant.
 FIGURE 2: What happens in civil cases

In civil cases if the plaintiff is successful, the defendant can be

required to provide compensation for the harm done.
 Jurisdictions
• An area of law for which a court has responsibility is known as its
jurisdiction.
• In criminal cases, the higher courts have jurisdiction over the
most serious crimes.
• In civil cases, the higher courts have jurisdiction over matters that
will affect many people.
 Jurisdictions
• If an individual is unhappy with the ruling in a lower court, they
can apply to have the case heard in a higher court.
• This process is referred to as ‘making an appeal against a court
decision’.
• What would be the implications of doing this?
 The five main courts of Australia:
we will examine crimes heard in each court

Examining first
The Magistrates

Examining
second
The District Court
Examining
Examining fourth
third The Supreme Court
(Trial division)
The Family Court Examine later The Supreme Court
The High Court (Appeal division)
Activity: The Australian Courts
Conversation Silent
Help Ask the teacher
Activity 1. As a class, we will read through the
information about the different courts.
2. You are to highlight important
information on your handout.
3. Summarise that information onto your
graphic organiser (handout).
Movement Staying in your seats

Participation Individual
Magistrates court
The District Court of QLD
The Supreme Court of QLD (trial division)
The Supreme Court of QLD
(appeal division)
The Supreme Court of QLD Cont’d
(appeal division)
Activity Answers for Graphic Organiser
Magistrates District Supreme (trial Supreme (appeal
division) division)
 Scenario
Margret is a 50 year old woman. Yesterday, Margaret was
caught doing 96km/hr down Mills Ave. Margaret nearly hit a
school child crossing the street. Margaret tried to turn down
Clements St. and took the corner too quickly, hitting a street
sign. No one was injured, except for Margaret.

The following SLAM paragraph is an example of what court

Margaret’s case should be held in?
This example justifies the reasons with evidence to support the
argument.
 SLAM paragraph writing
State part of the question in the first sentence –
Margaret’s crime was ……..
Locate Evidence – This case should be heard
in………….because………..
Add additional evidence– What type of case is
this………
Meaningful conclusion – Margaret should be
prosecuted for…….
 SLAM paragraph writing
State part of the question in the first sentence –
Margaret’s crime was…..
Locate evidence – The role of the Magistrates Court
is……...Therefore this case should……….
Add additional evidence – Other types of cases in the
Magistrates courts are………….
Meaningful conclusion – Margaret should be…….
 SLAM paragraph writing
State
Locate
Add
Meaningful conclusion
 SLAM paragraph writing - Answer
State - Margaret’s crime was speeding down a main road and
causing damage to public property, her case should be held
in the Magistrates Court.
Locate - The role of the Magistrates Court is to deal with simple
cases. This case should be held in the Magistrates Court
because no one was injured, except for Margaret.
Add Other types of cases that this court hears are; minor drug
offences, trespassing and other driving crimes.
Meaningful conclusion - Margaret should be prosecuted for
her crime of speeding and damage to public property.
 Scenario
Bob is a 28 year old man. The other day Bob got into a fight with a
friend and when he tried to leave the house Bob grabbed the friend’s
shoulder and shoved them away. The friend lost their footing and hit
their head against a wooden table. Causing the friend to bleed out and
pass away. Bob is being charged with manslaughter.

Activity: Use the SLAM structure, write a paragraph on what court

should Bob’s case be held in?
Justify your reasons with evidence to support your argument.
 SLAM paragraph writing
State: Introduce the person- Bob was……….
Locate: What did the person do………………and what
court should it be heard…..
Add – Evidence from the types of cases…………….
Meaningful conclusion– Link back to your topic
sentence….
 SLAM paragraph writing
State: Bob got into a fight with a friend………….
Locate: Bob shoved his friend and he fell…………..This
should be heard in the……………..
Add – The reason why this case should be heard in
the……..
Meaningful conclusion– Bob should be on trial for………
 SLAM paragraph writing
State:
Locate:
Add:
Meaningful conclusion:
 Plough back
Before we leave, I will provide you with a crime and you
need to tell me what court it should be heard in.