Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Legal > Basis of Gov Test Revision > Flashcards

Basis of Gov Test Revision Flashcards

1
Q

The Legislative Arm

A

The law-making arm. The people elect representatives to make laws on their behalf.
(Representative Gov)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

The Executive Arm

A

The enforcement arm. Acts under responsible government and consists of ministers and government bodies, charged with administering and enforcing laws.
(Responsible Gov)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

The Judicial Arm

A

Resolves disputes, and creates case law through precedents and interpretations of statues

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Separation of powers

A

The separation of powers is a doctrine that divides the governance of a nation into distinct arms each with its own institutions and roles.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Why do we have SOP

A

This is done to prevent one branch from having absolute power, and therefore avoids corruption within government or abuse of power which leads to the infringement of rights.

Each arm reviews the other.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Rule of Law

A

The idea that all people are equal before the law and that government institutes may only be allowed to exercise power in line with constitution. 


How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What are the three main elements of ROL

A
  • Supremacy of the constitution: Every person and organisation are bound by it.
    
- Equality before law: All people must be treated equally in regards to the law.
    
- Existence of Human rights; Power must be excised on this assumption, that individuals must retain their rights.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

How is the ROL upheld

A
  • Legal rights at trial

  • High court for constitutional disputes

  • Laws are enacted through a democratic process.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

4 Main values of Australia

A
  • Political values aka how law-makers are voted into office
    
- Social values aka voluntary marriage rather than forced

  • Moral values aka a right to privacy 

  • Religious values aka religious freedom.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Social Cohesion

A

In which members of society act lawfully and freely, whilst considering their impact on others, allowing society to function cohesively.

Gun laws, traffic laws, drug laws, tax laws.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Social Progress

A

Ensures social cohesion for future generations, ensuring laws adapt with time.

Laws involving children, education, the environment or healthcare.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is VADER

A

An acronym for how we achieve social cohesion and progress

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

VADER

A
  • Values (moral, political, economic and religious)
  • Acceptable standards of behaviour
  • Disputes which are resolved in the courts
  • Evolution of laws
  • Rights such as our legal and human rights
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Page and Chapter for LEG

A

Chapter one, pages 1-60

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Page and Chapter for EXE

A

Chapter two, pages 60-70

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Page and Chapter for JUD

A

Chapter three, pages 71-80

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Mechanisms to change laws

A

Amending/repealing acts
Referendums
Departing from precedents
Interpretations

(Public pressure, protests, petitions, lobbying)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Constitutional Monarchy

A

A system of government which is bicameral, having the two houses, the House of Representative and the Senate.
- Where the head of state is the hereditary king or queen of Britain, whose executive functions are performed by the governor general.​


How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Hierarchy of a CM

A

Queen
Gov Gen
Prime Minister
(HR (150) - Senate (76))

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What is the primary function of the High Court

A

Constitutional Disputes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Where do criminal cases first appeal

A

Court of Criminal Appeal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Where do civil cases appeal

A

Up the hierarchy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Difference between a legal rule and a non-legal rule

A

A non-legal rule is not a law created by the parliament or courts, and therefore you cannot be sanctioned for breaking it.
(Lawful behaviour vs Acceptable behaviour)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Definition of a crime

A

An unlawful act or omission deemed by statute or case law to be a public wrong warranting a sanction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Why are crimes public wrongs?

A

Crime affect the general public because they go against social progress and cohesion

26
Q

What is a civil wrong?

A

A wrongful act or omission which infringes on an individuals rights, for which they can seek compensation.

27
Q

What is public law?

A

Public law deals with issues that affect the general public or state.

(regulates the relationship between people and the state)

28
Q

What is private law?

A

Private Laws affects the rights and obligations of individuals, families, businesses and small groups and exists to assist citizens in disputes that involve private matter.

(regulates the relationship between private legal entities

29
Q

Types of Public law (5)

A
  • Admin law
  • Constitutional Law
  • Criminal law
  • Municipal law
  • International law
30
Q

Admin law

A

Laws that govern government agencies or state

31
Q

Constitutional law

A

Laws that protect citizens rights as afforded in the constitution

32
Q

Criminal law

A

Laws that relate to crime

33
Q

Municipal law

A

Ordinances, regulations and by laws (Delegated leg basically)

34
Q

International laws

A

Laws that oversee relations between nations

35
Q

Types of private law (5)

A 
Contract law
Tort law
Property law
Succession Law
Family Law
36
Q

Contract law

A

Governs the rights and obligations of these entering into contracts

37
Q

Tort law

A

Rights, obligations and remedies provided to someone wronged by another individual

38
Q

Property Law

A

Govern forms of property ownership, transfer and tenant issues

39
Q

Succession law

A

Governs the transfer of an estate between parties

40
Q

Family law

A

Governs family-related and domestic-related issues.

41
Q

Where do criminal appeals go after CCA

A

Full Bench of High Court

42
Q

Criminal citation (Original Juris)

A

Police/DPP/R v Green

Prosecution v Defendant

43
Q

Criminal citation (Appellate Juris)

A

Green v Police/DPP/R

Appellent v Respondent

44
Q

Civil citation (Original Juris)

A

Green v West

Plaintiff v Defendant

45
Q

Civil Citation (Appellate Juris)

A

West v Green

Appellent v Respondent

46
Q

Citation for if the state challenges the commonwealth

A

South Australia v Commonwealth

47
Q

What happens when state laws contradict Fed laws

A

Fed law overrides state per section 109 on Con. Inconsistancy rule.

48
Q

When does case law override statute law

A

When case law is made by the high court

49
Q

1942

A

In 1942 the British Statute of Westminster (1931) was ratified, enacting the statute of Westminster adoption act, which prevented British laws from overriding federal laws

50
Q

1968

A
  • Privy council limitation of appeals act passed
  • Meaning federal law was no longer bound by British precedents
  • Made the high court the final decider in federal law.
51
Q

1975

A
  • Privy council appeals from the high court act was passed
  • Meaning state law was no longer bound by British precedents
  • High court was the final decider in state law.
52
Q

1986

A
  • Australia acts were passed, removing British legislative interference in state affairs + abolished appeals from state court to privy council.
53
Q

What was so important about 1942, 68, 75 and 86?

A

The acts passed in these years created constitutional developments.

54
Q

4 Categories of crime

A

Offence against person
Offence against property
Offence against public order
sl

55
Q

Offence against person

A

Crimes that infringe on a person’s most basic rights

Murder, stalking, rape.

56
Q

Offence against property

A

Crimes that deny people the right to own and use their property free from theft and damage.

Larceny, arson, fraud, criminal trespass.

57
Q

Offence against public order

A

Offences that threaten to disturb the standards of a civilised society

traffic/street crimes, drug trafficking.

58
Q

3 Classifications of Crimes

A 
Summary offence (2y/$2,500)
Minor Indictable (5y/$120k)
Major indictable/Indictable
59
Q

Contributory Negligence

A

Defence to an action of negligence where it is argued that the loss if partly the fault of the plaintiff.

60
Q

Vicarious Liability

A

liability is placed on the organisation for negligence committed by an employee.

61
Q

Types of sanctions

A

Loss of personal freedoms

Loss of financial freedoms

62
Q

Types of remedies

A

Injunctions (Restrictive or Compulsory)

Damages (special ($) or general (pain and suffering))

Legal (5 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions