Professional Documents
Culture Documents
Citizenship
Test Revision
When: Monday 27 August in your Year 8 class.
Weighting: 15% of Term 3
Common Judges in Law Courts • Decisions made by judges who have to interpret the
laws of parliament.
law • Can be a new decision (setting a precedent) or
following an older decision.
• May eventually become accepted as a Statute law.
Customary Aboriginal tribal • Believed to come from Ancestors and divine spirits
culture in the Dreaming time.
law • Developed over generations
• A system of order and discipline for Aboriginal and
Torres Strait Islander peoples.
Type of Law Made by… Characteristics
Criminal Parliament • Deals with offences against the whole of society and
and Judges the state (government)
Law • Uses the police and courts to apprehend, prosecute,
judge and imprison the wrongdoer.
• Deals with serious crimes such as theft, murder, assault,
manslaughter, treason, terrorism, damage to property,
illegal drugs, etc.
Civil law Parliament • Civil law typically deals with disputes between private
and Judges individuals (including businesses, corporations or
government bodies).
• Is about actions (or lack of actions) that can result in
loss or harm to you personally or your property.
• Deals with contracts, family issues, and irresponsible
behaviour (such as trespassing, negligence, nuisance, or
defamation).
CRIMINAL LAW
A criminal act is treated as an offence against the state, which deploys the police
and courts to apprehend, prosecute and imprison the wrongdoer. Criminal law
deals with behaviour that is harmful to our community. This includes murder,
assault, theft etc.
These acts are called crimes and the people who commit them are punished by
our society. To enforce criminal law, our society uses its police force and, when
taking legal action, the Department of Public Prosecutions.
CIVIL LAW
A civil wrongdoing is treated as a private matter between the disputing parties, and the
losing side is ordered by the judge to pay compensation or fix the wrong done. Civil Law
deals with disputes between people. If someone’s actions badly affect another person,
physically, emotionally or economically, then the injured person can use the law to fix the
situation.
For instance: If your neighbour cuts down a tree in his yard and it falls into your yard and
destroys your shed, you have the right to ask him to pay for the damage. If he refuses to do
the right thing, you can use the law to force him to compensate you. These acts, when
someone’s behaviour badly affects another person, are called torts (from a French word
meaning “civil wrong”).
Common Law
Common law originated in England as judges travelled from village to
village making decisions based on tradition, custom and precedent.
The judges began to apply a law that was common to all people across the
country, rather than using the customary law of each region.
Common law is applied today when cases come to court where there is no
legislation regulating that case.
The judge needs to make a decision about the law on this type of matter.
Customary law
They are laws that were developed over generations to
determine a system of order and discipline for Aboriginal and
Torres Strait Islander peoples.