Y10W22WR How the Australian Legal System Works

Part 1

How to Write

Explanatory – Explanatory piece

An explanatory text makes a concept, process or system understandable to a reader who is encountering it for the first time. It is written for someone who wants to genuinely understand how or why something works. The tone should be clear and patient — building understanding step by step without assuming prior knowledge.

  • Ideas & content: Select the most important information needed to understand the topic. Focus on how and why — explanation is about building genuine understanding, not just describing what exists.
  • Structure & cohesion: Move from the general to the specific. Introduce the concept, explain how or why it works, then give examples or consequences. Use cause-and-effect connectives to show relationships between ideas.
  • Voice & audience: Write as a knowledgeable guide. Define terms as you introduce them. Avoid jargon without explanation. Your reader should feel guided through the topic, not overwhelmed by it.
  • Language choices: Use precise vocabulary and define technical terms clearly. Write in the present tense for ongoing processes. Vary sentence length — shorter sentences help when ideas are complex.
  • Conventions: Spell technical vocabulary accurately. Use commas, colons and semicolons to manage complex explanations. Keep sentences clear even when the ideas are demanding.

Common pitfalls: Describing what something is without explaining how or why it works — readers need to understand the mechanism, not just the label. Including too many facts without connecting them into a clear explanation that builds understanding progressively.

Part 2

Your Task Plan for Today

The brief

Question: Write a three-paragraph explanatory piece explaining how the Australian legal system is structured, what role courts at different levels play and how law is made and applied. Select the most relevant material from the notes, organise it clearly and write entirely in your own words. You will need to decide what to leave out.

Stimulus: Read the following notes carefully. They contain more information than you can use.

The Australian legal system is based on common law, a tradition inherited from England in which judicial decisions in previous cases create binding precedents for future cases. This principle is called ‘stare decisis’. Australia has both state and territory courts and federal courts. The High Court of Australia is the highest court in the country and its decisions bind all other courts. The High Court can overturn its own previous decisions, which lower courts cannot do. Magistrates courts handle less serious criminal matters and civil disputes involving smaller amounts. District or county courts handle intermediate criminal and civil matters. Supreme courts in each state and territory are the highest state courts. The Federal Court handles matters of federal law including corporations, trade practices and migration. The Family Court handles family law matters. Parliament makes statute law, which overrides common law when the two conflict. If Parliament passes a law, courts must apply it even if they consider it unjust, unless it is unconstitutional. The Constitution is the supreme law. The High Court determines whether laws are constitutional. Juries are used in serious criminal trials. A jury’s role is to determine facts; a judge’s role is to determine law and manage the trial. In a criminal case the prosecution must prove guilt beyond reasonable doubt. In a civil case the plaintiff must prove their case on the balance of probabilities. Legal aid exists to help people who cannot afford legal representation. Access to legal representation significantly affects outcomes across the system. Barristers are specialists in court advocacy; solicitors handle legal advice and preparation. In Australia you are presumed innocent until proven guilty.

Task Analysis: This task asks you to explain a concept or system clearly and completely. You must select relevant material, organise it logically and write for a reader with no specialist knowledge. A strong response helps readers understand not just how something works, but why it matters.

Quick Plan

Plan your explanation:

  • Your main concept — what are you explaining and why does it matter?
  • Key parts or steps — what are the main elements?
  • Why it works this way — what’s the logic or reason?
  • Real examples — what concrete examples clarify the concept?
  • Why readers should care — what real-world significance does this have?

Define the key concept

Begin by explaining your core concept clearly. Avoid jargon without explanation. Help readers understand exactly what you’re about to discuss.

Background/context

Help readers understand why this topic matters. What real-world problems or questions does it involve? What makes this worth knowing about?

Causes/effects

Show how things work and what their consequences are. Trace cause-and-effect relationships explicitly. This helps readers understand not just what happens but why.

Examples that teach

Use specific, concrete examples that illuminate the concept. Real scenarios and applications make abstract ideas tangible and memorable.

Limits/nuance

Acknowledge what’s complex, uncertain or contested about this topic. What don’t experts fully understand yet? This intellectual honesty builds credibility and prevents oversimplification.

Check before you submit: Have you explained the concept clearly without jargon? Have you included relevant examples? Have you answered why this matters? Is your explanation accessible?