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