Francis Burt Law Education Programme DESIGNING OUR POLITICAL AND LEGAL SYSTEM YEAR 7 STUDENT POST-VISIT RESOURCE 1. RULE OF LAW Read each of the following statements and circle True or False. a) Everyone is equal in the eyes of the law. True / False b) An accused person is thought to be guilty until proven innocent. True / False c) People accused of serious crimes do not have access to lawyers in WA. True / False d) The rule of law creates responsibilities for both the government and citizens in WA. True / False 2. COURT HIERARCHY The criminal and civil courts in the Western Australian system are named the: Supreme Court; District Court; and Magistrates Court. The High Court can review decisions made by all the State Courts. a) Complete the chart below showing the names of the other two courts in the Western Australian court hierarchy (levels). DISTRICT COURT 3. THE THREE ARMS OF GOVERNMENT AND THEIR FUNCTIONS The three arms of government are the Legislature, the Executive and the Judiciary. Each of the three arms of government has a special role to play in our justice system. FBLEP – Year 7 Student Post-Visit Resource Law Society of Western Australia January 2016 Page 1 of 7 Francis Burt Law Education Programme a) Complete the gaps in the sentences below. The Legislature: makes ___________. The politicians elected to the WA parliament and the Federal parliament, in both houses, are the Legislature, i.e. the State Legislature and the Federal Legislature. The Executive: administers the ______________ made by the Legislature. The Governor, Premier and the State Ministers are the State Executive. The Governor General, Prime Minister and the Federal Ministers are the Federal Executive The Judiciary: interprets and applies the ____________. The Justices in the Supreme Court of Western Australia are the WA judiciary. The Justices in the High Court are the Federal Judiciary. 4. DISCUSSION TASK a) Why do we have three separate arms of government? ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 5. DIFFERENT TYPES OF LAW a) Match the different types of law to the descriptions in the table. criminal law, statute law, civil law, common law Type of Law Description Law which is created by judge’s decisions. Those decisions set precedents which all the lower courts must follow. This type of law is only created when there is a gap in the existing legislation. Law which is created by Parliament through legislation. Law which aims to stop anti-social behaviour and danger in our community. Law which focuses on formal disagreements between two or more people in our community. FBLEP – Year 7 Student Post-Visit Resource Law Society of Western Australia January 2016 Page 2 of 7 Francis Burt Law Education Programme 6. GENERAL QUESTIONS a) Who do you think has the hardest job in a court room? Why? ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ b) Which job would you like to have if you worked in a court room? Why? ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 7. COURT PERSONNEL CHALLENGE (Optional activity) INSTRUCTIONS The Court Personnel Challenge is a card game. The job titles of the court personnel are on separate cards. Place the cards face down on the desk. Each person chooses a card and must try to describe the duties of the court personnel on the card. The challenge for the other students is to guess which of the court personnel you are describing. If the other students can guess which of the court personnel you are describing you keep the card. Then another student has his/her turn. If the other students cannot guess which of the court personnel you are describing you put the card back. Then another student has his/her turn. Keep going until you have been able to describe the duties of all of the court personnel on the cards. FBLEP – Year 7 Student Post-Visit Resource Law Society of Western Australia January 2016 Page 3 of 7 Francis Burt Law Education Programme Judge’s Associate Jury Orderly Judge Witness State Counsel Accused Defence Counsel Jury Foreperson FBLEP – Year 7 Student Post-Visit Resource Law Society of Western Australia January 2016 Page 4 of 7 Francis Burt Law Education Programme 8. POINTS TO REVIEW AFTER YOUR VISIT TO THE FBLEP Review the points below and your previous answers with a partner or in a small group and then discuss them with your class. Instructions: Read each of the following statements and circle True or False. a) The accused person must prove to the court that s/he is not guilty of the crime. True / False b) The judge decides if an accused person is guilty or not guilty for serious charges. True / False c) An accused person is thought to be innocent until proven guilty. d) Jury duty is a responsibility of everyone who can vote in WA except in special situations and except for people in special types of jobs. True / False e) You have the right to trial by jury if you are accused of a serious crime in WA. True / False f) Everyone must swear an oath on the Bible when giving evidence in WA courts. True / False g) The law for the Queen and Prime Minster is different to the law for everyone else. True / False h) The British colonists lived under customary Aboriginal lore (law) in the early days of the colony. True / False i) The government can remove a judge from his/her position at anytime. i) The Australian Constitution describes what laws and courts for which the Federal Government is responsible and what laws and courts for which the State Governments are responsible. True / False True / False True / False 9. MULTIMODAL PRESENTATION (see Appendix 1 for sample student task sheet) Create a multimodal presentation on one the following topics and present it to the class: Topic One: Western Australia should secede (separate) from the federation of Australia. (i) Include details on the history of WA joining the federation as well as the arguments against WA joining at that time; (ii) Include details on why WA should secede in 2015; and (iii) Discuss any contemporary sources which show support for WA seceding. Topic Two: Discuss the essential legal principles of the Western Australian justice system: presumption of innocence, burden of proof and standard of proof. Include the following (i) What each principle means; FBLEP – Year 7 Student Post-Visit Resource Law Society of Western Australia January 2016 Page 5 of 7 Francis Burt Law Education Programme (ii) The positives and/or negatives of these principles; (iii) Where the principles originate; and (iv) Discuss any contemporary sources which question any of these legal principles in the WA justice system. This work is licensed under a Creative Commons AttributionNonCommercial 4.0 International License FBLEP – Year 7 Student Post-Visit Resource Law Society of Western Australia January 2016 Page 6 of 7 Francis Burt Law Education Programme APPENDIX 1 Designing our Political and Legal System Year 7 Multimodal Presentation TASK Create a multimodal presentation on ONE of the following topics and present it to the class: Topic One: Western Australia should secede (separate) from the federation of Australia. . OR Topic 2: Discuss the essential legal principles of the Western Australian justice system: presumption of innocence, burden of proof and standard of proof. CRITERIA FOR ASSESSMENT a) Ideas to think about: Topic One What is the history of Western Australia joining the federation? What were the arguments against Western Australia joining at that time? Why do you think WA should or should not secede today? Are there any current discussions which show support for Western Australia seceding (For example, newspaper reports, talks within parliament or the judiciary)? OR Topic Two What does each principle mean? Are there any positives or negatives about these principles? From where did the principles originate? Are there any current discussions that question any of these legal principles in the Western Australian justice system (For example, newspaper reports, talks within parliament or the judiciary)? b) Make sure you reference from where you obtained your information at the end of the presentation c) Creativity: add any other details which you think are appropriate d) As your presentation is in digital format, aim to present to the class for 3-5 minutes FBLEP – Year 7 Student Post-Visit Resource Law Society of Western Australia January 2016 Page 7 of 7
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