Classification of law

Criminal and civil court proceedings (incl. personnel) Distinguish between criminal and civil court proceedings
Identify the role of legal personnel involved in the court process Classification of law Criminal and civil court proceedings (incl. personnel)

Classification of law

Criminal and civil court proceedings (incl. personnel)

WHAT happens in a court case?

WHO is involved in a court case?

Classification of law

Criminal and civil court proceedings (incl. personnel)

WHO is involved in a court case?

Identify the role of legal personnel involved in the court process Classification of law Criminal and civil court proceedings (incl. personnel)

You just need to have a BASIC idea of WHO they are and WHAT they do.
role

Basically, for a 1 or 2 mark question

e.g. A multiple choice question where you have to pick which one of four options describes what a judge does

Classification of law

Criminal and civil court proceedings (incl. personnel)

WHO is involved in a court case?

JUDGE:
Decides on questions of LAW
e.g. If one side raises an objection (says that some evidence or a question shouldnt be allowed), the judge has to make the decision.

If theres a jury: the judge sums up the case and gives instructions.
In criminal cases, the judge decides on the punishment/sentence. They are hired by the government, but can only be fired by parliament if theyve done something seriously wrong (otherwise there wouldnt be a separation of powers)

Classification of law

Criminal and civil court proceedings (incl. personnel)

WHO is involved in a court case?

MAGISTRATE:
What we call judges in the Local Court. There are no juries there, so the Magistrate will make decisions on questions of LAW AND questions of FACT. Decides whether serious (indictable) cases against people should even GET to the stage of having a trial.
A magistrate holds committal hearings to decide whether there is a prima facie case by asking the question, Is there a reasonable chance that a jury will convict this person?. If theres NOT a reasonable chance that the person will get convicted when they go to the District or Supreme Court, then whats the point??? The magistrate can let the person go.

Classification of law

Criminal and civil court proceedings (incl. personnel)

WHO is involved in a court case?

The PARTIES that the case is between:

These arent really court personnel, but theyre obviously the most important people because theyre what the case is all about! Criminal case Civil case

Who brings the case to court?

(its their job to prove their side of the case)

The Prosecution/Crown/Queen /R/Regina/ or Police (in the Local Court) The defendant/accused

The plaintiff (person who was hurt somehow) or claimant The defendant or respondent

Who is the case against?

Classification of law

Criminal and civil court proceedings (incl. personnel)

WHO is involved in a court case?

BARRISTERS:
These are the lawyers who argue their case. Their roles are different depending on which side theyre on and what type of case it is. Criminal case Civil case

Who brings the case to court?

(its their job to prove their side of the case)

The Prosecution/Crown/Queen /R/Regina/ or Police (in the Local Court) The defendant/accused

The plaintiff (person who was hurt somehow) or claimant The defendant or respondent

Who is the case against?

Classification of law

Criminal and civil court proceedings (incl. personnel)

WHO is involved in a court case?

SOLICITORS:
Lawyers who help the barrister
e.g. prepare documents

They can also help with non-court legal issues

e.g. writing wills e.g. conveyancing (when buying or selling a house) e.g. legal advice e.g. contracts

Classification of law

Criminal and civil court proceedings (incl. personnel)

WHO is involved in a court case?

JURORS:
12 people chosen randomly from the electoral roll. They decide on questions of FACT
e.g. Did the defendant actually pull the trigger? e.g. Did the company actually lie to its customers?

Can only base their decision on the evidence that has been presented by the barristers. Jurors cant investigate the case themselves.

Classification of law

Criminal and civil court proceedings (incl. personnel)

WHO is involved in a court case?

Aaaannndddd a whole bunch of other people that you dont need to know about for Year 12

Classification of law

Criminal and civil court proceedings (incl. personnel)

WHAT happens in a court case?

Distinguish between criminal and civil court proceedings Classification of law Criminal and civil court proceedings (incl. personnel)

Whats the DIFFERENCE between what happens in a

CRIMINAL court case

e.g. someone has been charged with armed robbery

and what happens in a

CIVIL court case

e.g. a business is getting sued by a customer

Person arrested for a serious (indictable) offence/crime

Criminal court proceedings

Committal Hearing
(Magistrate in a Local Court decides if there is a Prima Facie case)

Yes there IS a prima facie case

(there is a good chance that a jury will convict this person)

No there IS NOT a prima facie case

The defendant/accused goes FREE!!!

Case sent to the next court

(e.g. District, Supreme)

Defendant enters a PLEA

(Guilty or NOT Guilty)

Defendant pleads NOT Guilty Crown Prosecutor presents the case against the defendant
(he/she questions witnesses, presents evidence, etc)

The defence barrister can challenge this evidence

(object to evidence being shown; question witnesses)

Defence barrister CAN present ALTERNATIVE evidence Judge sums up the case for the jury and gives instructions Jury decides guilty or not guilty Defendant is found NOT guilty Defendant is found Guilty

Defendant pleads Guilty

The defendant/accused goes FREE!!!

A separate hearing/case is held where a judge decides on the sentence/punishment (the sentencing

The Plaintiff/Claimant presents a document to the court that outlines what they claim the other party (Defendant/Respondent) has done to them Civil court and what they want in return

proceedings
The respondent presents a document to the court that responds to the claims made against them The court decides if the case should come straight to court OR go to mediation first

Parties go to mediation
Mediation NOT successful Mediation successful The parties involved come up with a settlement
(e.g. defendant pays money)

The parties come to court for the hearing

Plaintiff/Claimant presents the case against the defendant/respondent
(he/she questions witnesses, presents evidence, etc)

The defence/respondent can challenge this evidence

(object to evidence being shown; question witnesses)

Defendant/respondant CAN present ALTERNATIVE evidence Judge decides whether the plaintiff has proved their claim Claim is NOT proven Case dismissed Claim IS proven

Judge decides on the remedy

e.g. the defendant needs to pay damages (money) e.g. the defendant needs to stop what theyre doing (an injunction)