area of study 1 legal foundations

Question 1

define social cohesion

Answer 1

a socially cohesive society is one which has members operating cooperatively and working together in harmony for the mutual benefit of all

Question 2

how do individuals achieve social cohesion

Answer 2

knowing the law; obeying the law; assisting police; using the legal system to resolve disputes

Question 3

how does the law achieve social cohesion

Answer 3

providing guidelines for behavior; regulating behavior; providing consequences for the breaching of law

Question 4

how does the legal system achieve social cohesion

Answer 4

institutions which enforce law; institutions which apply law and resolve disputes
e.g courts

Question 5

describe the principle of justice fairness

Answer 5

to treat all parties impartially; to ensure an open system of justice
e.g independent and impartial judge; jury of 12 citizens a random cross section of society

Question 6

describe the principle of justice equality

Answer 6

to view and treat all parties similarly; parties are seen to posses the same status.
If a party is disadvantaged measures must be put in place to assist that party for example; each party has opportunity to prepare and present court case; interpreters

Question 7

describe the principle of justice access

Answer 7

parties must have accesss to legal system to resolve diisputes; access to services and institutions
e.g court hireachy; Victorian legal aid (a body which supplies information, advice and representation

Question 8

list the characteristics of an effective law

Answer 8

clear and understandable
acceptable
enforceable
stable

Question 9

what is the commonwealth parliament structure

Answer 9

crown-“governor general”- royale assent, appointing ministers and establishing sitting times

upper house- senate-76 members 12/state 2/territory-house of review

lower house-house of representatives-151 members-based on population states with higher population have more members

Question 10

describe Victorian parliament structure

Answer 10

crown-“governor”

upper house-“legislative council”-40 members-5 members from each of 8 regions- house of review-

lower house-legislative assembly-88 members- represents majority

Question 11

give the legislative process

Answer 11

lower house- first reading- 2nd reading- consideration in detail -3rd reading- (bill introduced, debated)

upper house (same process as lower house)

crown-royale assent is given

Question 12

what is exclusive law making power

Answer 12

law making power that only belongs to comment wealth parliament e.g defense, immagration

Question 13

what is concurrent law making power

Answer 13

law making power shared between common wealth and state parliaments e.g taxation

Question 14

what is residual law making power

Answer 14

law making power belonging to states e.g crime

Question 15

what is the nation goverment

Answer 15

commonwealth parliament