1) Law in Society

Question 1

Define: bill

Answer 1

-proposed law

Question 2

Define: Concurrent powers

Answer 2

-law making powers shared by Commonwealth & state gpvernments

Question 3

Define: Delegated legislation

Answer 3

-laws made by subordinate authorities

Question 4

Define: enabling act

Answer 4

Act giving subordinate authorities the power to make laws

Question 5

Define: Exclusive powers

Answer 5

Law-making power of Commonwealth gov. that can only be exercised by them

Question 6

Define: Executive council

Answer 6

body of governor general & senior ministers, who’s task is to pass delegated legislation

Question 7

Define: law

Answer 7

a legal rule

Question 8

Define: Legislation

Answer 8

act of parliament

Question 9

Define: Statute

Answer 9

act of parliament

Question 10

Define: residual powers

Answer 10

law making powers left with state

Question 11

Define: Sue

Answer 11

start civil proceeding against another person

Question 12

Difference between: legal & non-legal rules

Answer 12

Legal_ made by law-making bodies & enforced through courts
Non-legal_ made by private individuals/groups & not enforced by courts

Question 13

Aim for law:

Answer 13

• protect society & keep it functioning
• guidelines for acceptable behaviour
• prevent conflict
• outline how disputes are resolved

Question 14

Characteristics: EFFECTIVE LAW

Answer 14

• known to public
• acceptable by community
• able to be enforced
• able to be changed
• stable

Question 15

Types of Laws

Answer 15

• criminal & civil
• laws made by parliament
• laws made by subordinate authorities
• laws made by courts

Question 16

Criminal law:

Answer 16

• criminal act against society
• aims to apprehend, prosecute & punish those who break laws
• deters others from breaking laws

Question 17

Types of Criminal laws:

Answer 17

• crimes against;
• person
• property
• state
• morality
• legal system

Question 18

Common words in criminal cases_

Answer 18

• prosecution, crown, state
• accused, offender
• suspect
• guilty/not guilty
• charge
• sentence
• conviction

Question 19

Civil law:

Answer 19

• aims to return the person whose rights were infringed

- done through civil remedies [compensation for loss]

Question 20

Types of Civil laws:

Answer 20

• tort law
• family law
• property law
• industrial/workplace law
• consumer law

Question 21

Consequences: civil & criminal

Answer 21

• some incidents result in civil & criminal cases
• found guilty=punished under criminal law
• ordered to pay compensation to victim under civil law

Question 22

Constitutional Monarchy:

Answer 22

• Commonwealth & State parliaments; operate within rules established in constitution
• constitution_ legal doc. outlining basic rules of gov. & law making powers
• Queen of England_ head of state
• governor general [federal]; governor [state]

Question 23

Sources of Law

Answer 23

• law made by Parliament= legislature/statute
• federal & states have own law making powers [some shared]

*law making power:
_subordinate authorities~ law= delegated legislation
_courts~ law= precedent (common law)

*parliaments can pass legislation to override precedent

Question 24

Levels of law-making bodies:

Answer 24

• Commonwealth Parliament
• State & Territory Parliament
• Local councils

Question 25

Characteristics of Parliaments

Answer 25

- based on Westminster system | - bicameral~ two houses of parliament {except Queensland}

Question 26

Parliament:

Answer 26

- elected members= parliamentarians - chosen from electorate (members of parliament) - belong to political party - no party= independents - parties join together= coalition

Question 27

Government:

Answer 27

- winning party with majority= Government - Prime Minister= leader (fed) - Premier= leader (state) - Cabinet= PM and senior ministers (discuss proposed laws)

Question 28

Opposition:

Answer 28

-next largest party

Question 29

Commonwealth Parliaments:

Answer 29

- House of Reps.~ lower house - Senate~ upper house - Governor General - areas of law-making; immigration, taxation, employment

Question 30

House of Representatives

Answer 30

- government forms here - no majority= hung parliament - government for three years - elected from electoral division - 150 members

Question 31

Senate

Answer 31

- elected for six years - half senate every three years - house of review - 76 senator

Question 32

Victorian Parliament

Answer 32

- lower house_ legislative assembly - upper house_ legislative council - governor - law making~ roads, schools, local councils

Question 33

Define: Bicameral

Answer 33

- two houses of parliament | - upper house & lower house

Question 34

Legislative Assembly

Answer 34

- lower house (forms government) - four years term - 88 members

Question 35

Influencing CHANGES in Law

Answer 35

- contact media - organise petition - involve in demonstration

Question 36

Law-making through Parliament

Answer 36

- first reading - second reading - consideration in detail - third reading - bill passed in first house - same procedure in second house - bill passed in second house - royal assent - proclamation - bill becomes law

Question 37

Law-making by Subordinate Authorities

Answer 37

- given authority through enabling act - laws made= delegated legislation (local laws) * can be - statuary authorities - government departments - executive councils - local councils

Question 38

Statuary Authorities

Answer 38

- investigate & regulate specific issues | - e.g. Australia Post

Question 39

Government Departments

Answer 39

- decide on general policies - need approval of legislative council - e.g. Department of Human Services

Question 40

Legislative Council

Answer 40

- can reject or amend bills - hold seats for four years - 40 members