AOS1: Sac 1

Question 1

Outline seven reasons as to why we need laws.

Answer 1

• 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

Question 2

Explain what makes an effective law

Answer 2

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

Question 3

Clearly define and explain the role of civil and criminal law

Answer 3

Civil law protects individual rights and criminal law protects the community by keeping the peace.

Question 4

Four key differences between civil and criminal law

Answer 4

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

Question 5

Burden of proof in civil law

Answer 5

Plaintiff

Question 6

Standard of proof in civil law

Answer 6

Balance of probabilities, plaintiff must show that defendant was probably in the wrong.

Question 7

Burden of proof in criminal law

Answer 7

Falls on prosecution

Question 8

Standard of proof in criminal law

Answer 8

Beyond reasonable doubt, if reasonable doubt with defenders, must be set free

Question 9

Define plaintiff

Answer 9

The person bringing the case

Question 10

Define defendant

Answer 10

Person defending the case

Question 11

Define sue

Answer 11

Make a civil application in court

Question 12

Define compensation

Answer 12

A civil remedy

Question 13

Define defamation

Answer 13

A civil law, under which a person can claim damage on their reputation.

Question 14

Define charge

Answer 14

When the police formally allege that a person has committed a crime

Question 15

Define sentence

Answer 15

The punishment handed out to the guilty offender

Question 16

Define conviction

Answer 16

When an offender has been found guilty

Question 17

Explain the origins of Australia’s system of government

Answer 17

Influenced by British Westminster system. The commonwealth of Australia constitution ( the constitution ) makes commonwealth parliament central law making body.

Question 18

Three houses of commonwealth parliament

Answer 18

House of reps
Senate
Crown

Question 19

Three houses of Victorian parliament

Answer 19

Legislative assembly
Legislative council
Crown

Question 20

What’s the role of the lower house

Answer 20

Represents the people and introduce and pass laws

Question 21

Roles of the upper house

Answer 21

Reviews bills passed by lower house.

Question 22

Role of the crown

Answer 22

Gives a royal assent to proposed law

Question 23

What happens in the second reading?

Answer 23

Purpose of bill explained and voted on

Question 24

What happens in the third reading?

Answer 24

Bill is voted on in its final form

Question 25

What happens in the royal assent?

Answer 25

The Governor General or the governor signs the bill before it becomes a law

Question 26

Explain the role and purpose of subordinate authorities

Answer 26

These authorities are experts in their field and are more accessible to members of the public.

Question 27

What are the four types of subordinate authorities?

Answer 27

Statutory authorities Government departments Executive council Local council

Question 28

What is an enabling act?

Answer 28

An act giving subordinate authorities the power to make laws.

Question 29

Explain the difference between legal and non-legal rules. Use two examples of each to support your answer.

Answer 29

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 ).

Question 30

What are exclusive powers?

Answer 30

Powers that only federal parliament has to legislate in particular areas

Question 31

What are subordinate authorities?

Answer 31

Bodies created by enabling act to regulate particular areas of society

Question 32

What is civil law?

Answer 32

A category of law regulating disputes between two parties where individual rights have been infringed

Question 33

What is a bill?

Answer 33

A proposed law

Question 34

what are concurrent powers?

Answer 34

Refers to powers where the commonwealth parliament and state parliament may both legislate

Question 35

What is Westminster?

Answer 35

Australia's system of government modelled on the British parliament.

Question 36

What is a statute?

Answer 36

An act of parliament or piece of legislation

Question 37

What is delegated legislation?

Answer 37

Passed by parliament and subordinate authorities to regulate conduct in particular areas.

Question 38

What is legislation?

Answer 38

A collective term used to refer to acts/statutes passed by parliament

Question 39

What is parliament?

Answer 39

Supreme law making body elected by the people to pass laws

Question 40

What is bicameral?

Answer 40

Refers to a structure of parliament with two houses

Question 41

What is VCCR?

Answer 41

Introduced in Victoria to ensure laws don't infringe individual rights