DESIGNING OUR POLITICAL AND LEGAL SYSTEM YEAR 7 STUDENT POST-VISIT RESOURCE

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Francis Burt Law Education Programme DESIGNING OUR POLITICAL AND LEGAL SYSTEM YEAR 7 STUDENT POST-VISIT RESOURCE 1. POINTS TO REVIEW AFTER YOUR VISIT TO THE FRANCIS BURT LAW EDUCATION PROGRAMME 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 or. a. The accused person must prove to the court that s/he is not guilty of the crime. b. The judge decides if an accused person is guilty or not guilty for serious charges. c. An accused person is thought to be innocent until proven guilty. d. Jury duty is a responsibility of everyone who can vote in Western Australia except in special situations and except for people in special types of jobs. e. You have the right to trial by jury if you are accused of a serious crime in Western Australia. f. The law for the Queen and Prime Minster is different to the law for everyone else. g. The government can remove a judge from his/her position at any time. h. The Australian Constitution is the set of rules by which Australia is governed. It defines what laws the Commonwealth Government is responsible for and what laws the State Governments are responsible for. 2. RULE OF LAW Read each of the following statements and circle or. a. Everyone is equal in the eyes of the law. b. An accused person is thought to be guilty until proven innocent. c. People accused of serious crimes do not have access to lawyers in Western Australia. d. The rule of law creates responsibilities for both the government and citizens in Western Australia. The Law Society of Western Australia Page 1

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. 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 Why do we have three separate arms of government? The Law Society of Western Australia Page 2

5. GENERAL QUESTIONS a. Who do you think has the hardest job in a court room and why do you think that? b. Which job would you like to have if you worked in a court room and why would you like that job? 6. 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. This work is licensed under a Creative Commons Attribution- NonCommercial 4.0 International License The Law Society of Western Australia Page 3

Jury Judge s Associate Orderly Judge Witness Defence Counsel State Counsel Accused Jury Foreperson The Law Society of Western Australia Page 4

Appendix 1 Designing our Political and Legal System Year 7 Multimodal Presentation TASK Create a multimodal 3-5min presentation and present it to the class: During your visit to the Francis Burt Law Education Programme you will have had the opportunity to observe a court in session and/or participate in a mock trial. You should have seen some of the very important legal principles of the Western Australian criminal justice system being used; presumption of innocence, burden of proof and standard of proof, as well as gaining an understanding of how the rule of law applies. You should also have had the opportunity to observe how citizens participate in the criminal justice system in their roles as either witnesses or jurors. Discuss the rule of law, the legal principles of our justice system and the role citizens play in our justice system. 1. What does the rule of law mean? a. Give examples of the rule of law being applied while you were in court and/or during the mock trial. 2. What does each legal principle mean? a. Burden of proof b. Standard of proof c. Presumption of innocence i. Give examples of each of the legal principles you observed being used while you were in court and/or during the mock trial or trial re-enactment; 3. Give examples of how citizens participated in their role as either witnesses or jurors while you were in court or during the mock trial. CRITERIA FOR ASSESSMENT 1. Relevance to the topic 2. Shows a good understanding of the rule of law, legal principles and the roles of citizens in providing justice 3. Provides appropriate examples 4. Accuracy of grammar and spelling 5. Referencing of sources used (either with footnotes or endnotes) The Law Society of Western Australia Page 5