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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)

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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)

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3
Q

The Judicial Arm

A

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

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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.

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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.

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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. 


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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.
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8
Q

How is the ROL upheld

A
  • Legal rights at trial

  • High court for constitutional disputes

  • Laws are enacted through a democratic process.
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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.
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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.

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11
Q

Social Progress

A

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

Laws involving children, education, the environment or healthcare.

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12
Q

What is VADER

A

An acronym for how we achieve social cohesion and progress

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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
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14
Q

Page and Chapter for LEG

A

Chapter one, pages 1-60

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15
Q

Page and Chapter for EXE

A

Chapter two, pages 60-70

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16
Q

Page and Chapter for JUD

A

Chapter three, pages 71-80

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17
Q

Mechanisms to change laws

A

Amending/repealing acts
Referendums
Departing from precedents
Interpretations

(Public pressure, protests, petitions, lobbying)

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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.​


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19
Q

Hierarchy of a CM

A

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

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20
Q

What is the primary function of the High Court

A

Constitutional Disputes

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21
Q

Where do criminal cases first appeal

A

Court of Criminal Appeal

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22
Q

Where do civil cases appeal

A

Up the hierarchy

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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)

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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

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25
Why are crimes public wrongs?
Crime affect the general public because they go against social progress and cohesion
26
What is a civil wrong?
A wrongful act or omission which infringes on an individuals rights, for which they can seek compensation.
27
What is public law?
Public law deals with issues that affect the general public or state. (regulates the relationship between people and the state)
28
What is private law?
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
Types of Public law (5)
- Admin law - Constitutional Law - Criminal law - Municipal law - International law
30
Admin law
Laws that govern government agencies or state
31
Constitutional law
Laws that protect citizens rights as afforded in the constitution
32
Criminal law
Laws that relate to crime
33
Municipal law
Ordinances, regulations and by laws (Delegated leg basically)
34
International laws
Laws that oversee relations between nations
35
Types of private law (5)
``` Contract law Tort law Property law Succession Law Family Law ```
36
Contract law
Governs the rights and obligations of these entering into contracts
37
Tort law
Rights, obligations and remedies provided to someone wronged by another individual
38
Property Law
Govern forms of property ownership, transfer and tenant issues
39
Succession law
Governs the transfer of an estate between parties
40
Family law
Governs family-related and domestic-related issues.
41
Where do criminal appeals go after CCA
Full Bench of High Court
42
Criminal citation (Original Juris)
Police/DPP/R v Green | Prosecution v Defendant
43
Criminal citation (Appellate Juris)
Green v Police/DPP/R | Appellent v Respondent
44
Civil citation (Original Juris)
Green v West | Plaintiff v Defendant
45
Civil Citation (Appellate Juris)
West v Green | Appellent v Respondent
46
Citation for if the state challenges the commonwealth
South Australia v Commonwealth
47
What happens when state laws contradict Fed laws
Fed law overrides state per section 109 on Con. Inconsistancy rule.
48
When does case law override statute law
When case law is made by the high court
49
1942
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
1968
- 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
1975
- 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
1986
- Australia acts were passed, removing British legislative interference in state affairs + abolished appeals from state court to privy council.
53
What was so important about 1942, 68, 75 and 86?
The acts passed in these years created constitutional developments.
54
4 Categories of crime
Offence against person Offence against property Offence against public order sl
55
Offence against person
Crimes that infringe on a person's most basic rights Murder, stalking, rape.
56
Offence against property
Crimes that deny people the right to own and use their property free from theft and damage. Larceny, arson, fraud, criminal trespass.
57
Offence against public order
Offences that threaten to disturb the standards of a civilised society traffic/street crimes, drug trafficking.
58
3 Classifications of Crimes
``` Summary offence (2y/$2,500) Minor Indictable (5y/$120k) Major indictable/Indictable ```
59
Contributory Negligence
Defence to an action of negligence where it is argued that the loss if partly the fault of the plaintiff.
60
Vicarious Liability
liability is placed on the organisation for negligence committed by an employee.
61
Types of sanctions
Loss of personal freedoms | Loss of financial freedoms
62
Types of remedies
Injunctions (Restrictive or Compulsory) | Damages (special ($) or general (pain and suffering))

Legal (5 decks)

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