AOS1: Sac 1 Flashcards
Outline seven reasons as to why we need laws.
- promote social cohesion
- without laws their will be anarchy
- resolve and prevent disputes
- establish acceptable behaviour
- reflects societies values
- establish code of conduct
- protect community from harm
Explain what makes an effective law
Clear and understood: not complex Consistent: should not just target one group Accepted: must reflect societies values Known: public made aware Enforced: must be detected Stable: shouldn't change often
Clearly define and explain the role of civil and criminal law
Civil law protects individual rights and criminal law protects the community by keeping the peace.
Four key differences between civil and criminal law
Criminal law is concerned with protection of whole community, and civil law is concerned with private rights as individuals
Criminal law aims to punish the individual offender, whereas civil law restores plaintiff to original state.
Criminal law can result in a sanction such as imprisonment or fines, whereas civil law can result in a remedy such as injunction.
Criminal law deals with with matters such as murder, assault or rape. Whereas civil law deals with matters such as family disputes
Burden of proof in civil law
Plaintiff
Standard of proof in civil law
Balance of probabilities, plaintiff must show that defendant was probably in the wrong.
Burden of proof in criminal law
Falls on prosecution
Standard of proof in criminal law
Beyond reasonable doubt, if reasonable doubt with defenders, must be set free
Define plaintiff
The person bringing the case
Define defendant
Person defending the case
Define sue
Make a civil application in court
Define compensation
A civil remedy
Define defamation
A civil law, under which a person can claim damage on their reputation.
Define charge
When the police formally allege that a person has committed a crime
Define sentence
The punishment handed out to the guilty offender
Define conviction
When an offender has been found guilty
Explain the origins of Australia’s system of government
Influenced by British Westminster system. The commonwealth of Australia constitution ( the constitution ) makes commonwealth parliament central law making body.
Three houses of commonwealth parliament
House of reps
Senate
Crown
Three houses of Victorian parliament
Legislative assembly
Legislative council
Crown
What’s the role of the lower house
Represents the people and introduce and pass laws
Roles of the upper house
Reviews bills passed by lower house.
Role of the crown
Gives a royal assent to proposed law
What happens in the second reading?
Purpose of bill explained and voted on
What happens in the third reading?
Bill is voted on in its final form
What happens in the royal assent?
The Governor General or the governor signs the bill before it becomes a law
Explain the role and purpose of subordinate authorities
These authorities are experts in their field and are more accessible to members of the public.
What are the four types of subordinate authorities?
Statutory authorities
Government departments
Executive council
Local council
What is an enabling act?
An act giving subordinate authorities the power to make laws.
Explain the difference between legal and non-legal rules. Use two examples of each to support your answer.
Legal rules are made by parliament and are enforceable by the courts ( traffic laws ). Whereas non-legal rules are made by private individuals or groups in society ( school rules ).
What are exclusive powers?
Powers that only federal parliament has to legislate in particular areas
What are subordinate authorities?
Bodies created by enabling act to regulate particular areas of society
What is civil law?
A category of law regulating disputes between two parties where individual rights have been infringed
What is a bill?
A proposed law
what are concurrent powers?
Refers to powers where the commonwealth parliament and state parliament may both legislate
What is Westminster?
Australia’s system of government modelled on the British parliament.
What is a statute?
An act of parliament or piece of legislation
What is delegated legislation?
Passed by parliament and subordinate authorities to regulate conduct in particular areas.
What is legislation?
A collective term used to refer to acts/statutes passed by parliament
What is parliament?
Supreme law making body elected by the people to pass laws
What is bicameral?
Refers to a structure of parliament with two houses
What is VCCR?
Introduced in Victoria to ensure laws don’t infringe individual rights
