Justice System
VCE Legal Studies · The justice system · 8 flashcards, free to study.
Courts, principles, civil vs criminal law for VCE Legal Studies Unit 3
- Three principles of justice
- Fairness, equality, and access. Each underpins the ability of individuals to resolve disputes through the legal system.
- Adversarial system — key features
- Two opposing parties present cases to an independent judge/jury. Judge is neutral umpire; parties control proceedings.
- Difference between civil and criminal law
- Criminal: state v individual, beyond reasonable doubt, aim is punishment. Civil: individual v individual, balance of probabilities, aim is remedy/compensation.
- Committal proceedings — purpose
- Determine if sufficient evidence exists to send an accused to trial in a higher court. Filters weak cases.
- Roles of VCAT
- Resolves civil disputes at lower cost than courts. Handles consumer, tenancy, planning, and human rights matters.
- Burden of proof in criminal cases
- Prosecution bears the burden — must prove guilt beyond reasonable doubt.
- Remedy vs punishment
- Remedy: civil law outcome (damages, injunction). Punishment: criminal law outcome (fine, imprisonment, community service).
- Supreme Court jurisdiction
- Highest court in Victoria. Hears serious criminal trials, major civil disputes, and appeals from lower courts.