§-Module

Topic 1: The Australian Legal System

5 dot points across 5 inquiry questions. Click any dot point for a focused answer with worked past exam questions where available.

How do criminal and civil law differ?

Distinguish between criminal law and civil law, including the parties, purpose, burden and standard of proof, and outcomes.

The distinction between criminal and civil law - parties, purpose, who carries the burden of proof, the standard of proof, and the different outcomes such as punishment versus remedies.

6 min answer →

Where did the Australian legal system come from?

Explain the origins of the Australian legal system, including the reception of English law and the place of Aboriginal and Torres Strait Islander customary law.

How the Australian legal system inherited English common law and statute, the doctrine of reception and terra nullius, and the recognition of Aboriginal and Torres Strait Islander customary law.

6 min answer →

Where does Australian law actually come from?

Identify and explain the two main sources of law in Australia: statute law made by parliament and common law made by courts.

The two main sources of Australian law - statute law made by parliaments and common law made by courts - and how they interact, including the rule that statute prevails over common law.

7 min answer →

How does the adversarial system decide disputes?

Explain the features of the adversarial system of trial used in Australia and compare it with the inquisitorial system.

Features of Australia's adversarial trial system - party control, an impartial decision-maker, rules of evidence and the standard of proof - and how it differs from the inquisitorial system.

7 min answer →

What does it mean to say no one is above the law?

Explain the meaning of the rule of law and how the Australian legal system tries to uphold it.

What the rule of law means, the principles that make it up such as equality before the law and access to justice, and how the Australian and South Australian systems try to uphold it.

6 min answer →