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Legal > Area Of study 1 - Law In Society > Flashcards

Area Of study 1 - Law In Society Flashcards

0
Q

Define a law

A

A law is a legal rule which is established by an authority that attempts to regulate behaviour and is supported by a sanction (punishment) if disobeyed.

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1
Q

Difference between legal and non legal rules

A

Laws are enforced by either state/commonwealth, therefore ensuring everyone in the state/country abides by the law. Legal laws are enforced by police officers and courts to ensure to government. Whereas non legal rules are made by private groups and are only obeyed by those within the groups. Legal rules are interpreted by the courts rather than a non legal rule which is enforced by those who enforce

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2
Q

Why do we need laws ?

A

The function of law is to maintain social cohesion, which enables having a community where people are able to live with each other in a peaceful manner.

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3
Q

What are the functions of laws

A
  1. To reflect community values eg. Political, social, moral and economic values
  2. To establish codes of conduct, by setting boundaries of acceptable behaviour.
  3. To resolve disputes, the role of the courts and tribunals to interpret and apply the law.
  4. To provide for change, the law needs to be able to meet the changing needs of society.
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4
Q

Who does the criminal and civil laws protect ?

A

Criminal protects society

Civil protects the rights of an individual

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5
Q

What is the language of criminal law

A

Prosecution, accused , charge, bail, remand, arrest, police, jail, fines

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6
Q

What is language of civil law

A

Plaintiff, defendant, sue, compensation, injunction

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7
Q

Where does the burden of proof lie within a criminal case

A

In a criminal case the burden of proof lies with the prosecution

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8
Q

Where does the burden of proof lie in a civil case ?

A

In a civil case the burden of proof lies with the plaintiff

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9
Q

What is the standard of proof in a criminal case ?

A

The standard of proof in a criminal case is: beyond a reasonable doubt

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10
Q

What is the standard of proof in a civil case ?

A

The standard of proof in a civil is case is: on the balance of probabilities

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11
Q

In a criminal case is there a jury, if so how many people ?

A

Yes there is a jury of twelve used in county and supreme courts

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12
Q

What is the jury required to reach in a criminal case ?

A
  • a unanimous decision of 12/12
  • if a unanimous decision can not be reach, after 6 hours of deliberation then majority of 11/12 will be accepted in all cases except murder, tresan, commonwealth offences, and drug trafficking of commercial quantities
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13
Q

Is there a jury in a civil case ?

A

There is an optional jury of 6 in the county or Supreme Court which is paid for by the person who wishes to hire one.

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14
Q

Define enabling act

A

An act giving subordinate authorities the power to make laws.

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15
Q

Define bicameral

A

Two Houses of Parliament, consisting of an upper and lower house. The federal and Victorian state parliament both consist of two houses.

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16
Q

Define bill

A

A proposed law

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17
Q

Concurrent powers

A

Law making powers that are shared by the commonwealth parliament and the state parliaments. Under S109 of the constitution, if there is a conflict then commonwealth law prevails.

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18
Q

Define Delegated legislation

A

Laws made by subordinate authorities.

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19
Q

Define enabling act

A

An act giving subordinate authorities the power to make laws.

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20
Q

Define exclusive powers

A

Law making powers of the commonwealth parliament that can only be exercised by the commonwealth.

21
Q

Define executive council

A

A body made made up of the Governor General (state level) and senior ministers. It’s task is to pass delegated legislated in areas where an enabling act has given power to the executive council to make regulations.

22
Q

Define legislation

A

Acts of parliament

23
Q

Define residual powers

A

Law making powers left with the states at the time of federation.

24
Q

Define sue

A

Start civil proceedings against another person

25
Q

What is the outcome of a criminal case ?

A

An outcome of a criminal case is a sanction

26
Q

What is the outcome of civil cases

A

The outcome of civil cases are called remedies. They include damages, injunction and order of specific performance.

27
Q

What are the characteristics of an effective law

A
  1. Knowledge
  2. Acceptable
  3. Clear
    4, stable
  4. Capable of being enforced
    6.able To change
28
Q

What are laws made by parliament known as ?

A

Legislation, statute or an act of parliament

29
Q

What are the laws made by the courts known as ?

A

Common law, court- made law, judge - made law, case law or precedent.

30
Q

What is the name of the bodies that have been delegated a power to create a law by parliament ?

A

Subordinate authorities

31
Q

List subordinate authorities

A

Statutory authorities - Australia post,
government departments such as ATO.
Executive council
Municipal councils eg Mornington

32
Q

Define bill

A

A proposed law

33
Q

What does the constitution establish ?

A

The commonwealth parliament as the law making body.

Law making powers of the commonwealth.

34
Q

How many seats in the senate and how long is the term ?

A

76, 12 from each state + 2 from each territory

Term of 6 years

35
Q

What is the upper house of the state parliament, how many members ?how long is the term ?

A

Legislative council, 40 members, 4 years

36
Q

How many seats in the House of Representatives

A

150- from electorates based on population

37
Q

Where is government formed at federal level

A

House of Representatives

38
Q

Where is government formed at state level

A

Legislative assembly

39
Q

How many seats in the legislative assembly and how long is the term

A

88 members

4 years of office

40
Q

What can the lower house do what the upper house can’t ?

A

Initiate and amend a money bill

41
Q

What is a responsible government

A

Where each minister is accountable for an area/portfolio eg. Defence. They answer questions about their area to the parliament.

42
Q

What does the senate act as ?

A

A house of review

43
Q

Define petition

A

A collection of signatures in support of an issue

44
Q

Define demonstration

A

Where a group of people show publicly their support of an issue

45
Q

What is the process of passing a bill in House of Representatives

A 
1st reading 
2nd reading 
House committee 
Consideration in detail 
3rd reading 
Bill passed
46
Q

What is the process of passing a bill in the senate

A 
1st reading 
2nd reading 
Senate committee 
Committee of the whole 
3rd reading 
Bill passed
47
Q

What is the process of passing a bill Governor General

A

Royal assent

Bill becomes an act of parliament.

48
Q

How does parliament pass on the ability to create laws to subordinate authorities

A

By using an enabling act which gives the subordinate authority power to make laws in a specific area.

49
Q

What will happen if statutory authority make laws beyond their guidelines

A

The laws will be declared void or ultra vires

50
Q

What is the executive council

A

The executive council is made up of the governed and relevant minister to make regulations on behalf of the statutory authorities and government departments.

Legal (6 decks)

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