Mr Moore's Year 7 Participants in the Legal System

Participants in the Australian Legal System

Learning Intention:

• By the end of this lesson, students will understand the roles of different participants in the Australian legal system, including juries, witnesses, judges, and legal practitioners.

Success Criteria:

• I can describe the role of a jury and explain how citizens participate in the legal system.

• I can identify the roles of judges, witnesses, solicitors, and barristers in the court process.

• I can understand how these participants contribute to a fair legal system.

The jury plays an important role in Australia's legal system. A jury is a group of 12 citizens randomly chosen to help decide the outcome of a court case. They listen to all the evidence presented in a trial and then discuss the case together to reach a decision. The jury's job is to decide if the accused person is guilty or not. In criminal cases, the jury decides on the guilt of the accused, whereas in civil cases, they decide whether someone owes money or compensation.

Juries are selected from the electoral roll, which means any Australian over the age of 18 can be chosen for jury duty. You do not need to be an expert in law to be part of a jury—you just need to listen carefully to the evidence and make a fair decision based on what you have heard. The process of jury selection is called empanelment, where potential jurors are asked questions to ensure they do not have biases that could affect the trial outcome.

The Jury

Multiple Choice

How many people are usually on a jury in Australia?

• 10

• 12

• 15

• 18

Multiple Choice

What is the main job of a jury in a criminal case?

• To decide on the punishment

• To listen to the judge

• To provide legal advice

• o decide if the accused is guilty

Reorder

Put the steps of jury selection in the correct order:

• Potential jurors are selected from the electoral roll.

• Jurors are called to court.

• Empanelment process takes place.

• Jurors are asked questions to check for biases.

• Jurors are chosen and sworn in.

1

2

3

4

5

• 1
• 2
• 3
• 4
• 5

Witnesses are also very important in court cases. A witness is someone who has seen or heard an event related to a case. They provide evidence by telling the court what they saw or heard. This can be crucial in helping the judge or jury decide whether someone is guilty or innocent. Witnesses must promise to tell the truth when they give their evidence.

There are also expert witnesses. These are people who might not have seen the event but have special knowledge that helps the court. For example, a doctor might explain medical evidence, or an accountant might help explain financial documents. Expert witnesses are often used in cases where the evidence is complex, and their testimony helps clarify technical information for the judge and jury.

Witnesses

Open Ended

Explain why it is important for witnesses to swear an oath before giving evidence in court.

Judges are extremely important in the legal system. They ensure that court procedures are followed properly, maintain order in the courtroom, and make decisions about a case if there is no jury. Judges also make sure that the trial is conducted fairly, and they provide instructions to the jury about how to interpret the law. In criminal cases, judges decide on the appropriate sentence if someone is found guilty. Judges must act fairly, without any bias, to make sure that everyone gets a fair trial.

Judges must also apply the law without fear or favour, which means they cannot let their personal beliefs or relationships influence their decisions. In Australia, judges are appointed based on their experience and knowledge of the law to ensure they are well-qualified to make fair decisions.

​

Judges

Match

Match the description to the correct term:

• Decides if an accused person is guilty

• Ensures order in the courtroom

• Provides evidence of what they saw or heard

• An expert who explains complex information

Jury

Judge

Witness

Expert Witness

• Jury

• Judge

• Witness

• Expert Witness

Multiple Choice

What is one of the roles of a judge in a courtroom?

• To maintain order in the courtroom

• To provide legal advice to the jury

• To decide if someone should be a witness

• To investigate the crime scene

Legal practitioners are people who represent others in court. Solicitors are lawyers who prepare cases and advise their clients. They do most of their work outside of the courtroom, like filling in legal documents, talking to clients, and negotiating settlements. Solicitors help their clients understand the legal process and prepare them for court.

Barristers, on the other hand, are lawyers who specialise in arguing cases in court. They work closely with solicitors but are the ones who stand up and argue the case during a trial. Barristers have specialised knowledge of courtroom procedures and often focus on specific areas of law, such as criminal law or family law. Some barristers may earn the title of Senior Counsel (SC) if they are highly experienced and respected within the legal community.

Legal Practitioners - Solicitors and Barristers

Categorize

Options (16)

Prepares legal documents

Advises clients

Works mainly in court

Specialises in courtroom arguments

Represents clients in negotiations

Conducts legal research

Handles property transactions

Provides legal advice on various matters

Drafts contracts and agreements

Assists in dispute resolution

Represents clients during trials

Gives legal opinions on complex cases

Prepares legal arguments for court

Cross-examines witnesses

Advises solicitors on case strategy

Participates in appeals and reviews

Sort the following statements into "Solicitor" or "Barrister":

Solicitor

Barrister

All these participants—juries, witnesses, judges, solicitors, and barristers—play a role in making sure our legal system is fair. The jury helps by making decisions as members of the community. Witnesses provide crucial evidence. Judges ensure that the law is followed fairly, and legal practitioners make sure that both sides of a case are heard.

The Australian legal system aims to be impartial and give everyone a fair chance. The participation of different people, each with specific roles, helps ensure that justice is served effectively. However, there are still challenges, such as ensuring all people have equal access to legal representation and that juries remain unbiased.

Reflection on Fairness in the Legal System

Poll

Do you think the Australian legal system is fair?

• Yes, it is fair because everyone gets to participate.

• No, it needs to be improved.

Draw

Draw a picture of one participant in the legal system (e.g., a judge, a jury, a witness) and show what they do. Label your drawing to explain their role in the legal system.