Chapter 1 Key Terms Flashcards

1
Q

Who are Non-Legal Rules made by and who do they affect?

A

Non-legal rules are made by and only affect people in families, schools, sporting clubs, religious denominations and other organisations.

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2
Q

Who creates Legal Rules?

A

Legal rules are rules created by lawmaking

bodies, such as courts and parliament.

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3
Q

Who does Legal Rules apply to?

A

Legal rules generally apply to all members of a particular society

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4
Q

What is Criminal Law?

A

Criminal law is an area of law concerned with behaviour that is
against an existing law and is harmful to society

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5
Q

What is Civil Law?

A

Civil law is an area of law covering the infringement of a person’s rights, and aims to restore the affected person to their original position or to compensate for their loss

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6
Q

What are Laws?

A

Laws are legal rules that apply to all members of society, and are made and enforced by bodies such as courts and
parliament.

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7
Q

What are the 4 Needs for Laws?

A
  • Establishing a code of conduct (eg. Drink driving)
  • Protecting the community from harm (eg. cyclists wearing helmets)
  • Reflecting changing values and circumstances (eg. Cyberbullying)
  • Resolve disputes (eg. Neighborhood Disputes)
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8
Q

What are the 5 characteristics of an effective law?

A
  • The law must be known and understood
  • The law must reflect values and be accepted
  • The law must be able to adapt to change
  • The law must be stable and consistent
  • The law must be enforceable
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9
Q

What are the two types of Parliament?

A

The two types of Parliament are the State Parliament and the Federal Parliament

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10
Q

What does a Bi–Cameral System mean?

A

A Bi–Cameral System is having two houses of Parliament

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11
Q

What are the two houses called in Federal Parliament?

A

The Senate - Upper House

The House of Representatives - Lower House

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12
Q

What are the two houses called in State Parliament?

A

The Legislative Assembly - Lower House

The Legislative Council - Upper House

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13
Q

How many members are there in the Senate?

A

76 members - 12 from each state and 2 from the territories

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14
Q

How many members are there in the House of Representatives?

A

150 members meaning 76 would secure majority

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15
Q

How many members are there in the Legislative Assembly ?

A

88 members

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16
Q

How many members are there in the Legislative Council?

A

40 members

17
Q

What is the Government?

A

Government is the political party that wins a majority of seats in the Lower House

18
Q

What is Parliament?

A

Parliament is all the elected members in both houses from all parties, government and opposition

19
Q

What is an Electorate?

A

An Electorate is a body of people allowed to vote in an election

20
Q

What are the 4 Powers in relation to law making?

A
  • Exclusive Powers – Powers that are only possessed by the Federal Government (eg. Immigration)
  • Concurrent Powers – Powers that both Federal and State possess (eg.tax)
  • Specific Powers – Powers that are written in the Constitution (both Exclusive and Concurrent)
  • Residual Powers – Powers that are not written in the Constitution so therefore are State Powers (eg. Adoption)
21
Q

Difference between a Bill and an Act?

A

Bill is a proposed law whereas an Act is a law that has been passed by Parliament

22
Q

What are the 7 formal steps to pass a law?

A

1st reading (upper or lower), 2nd reading, 3rd reading, 1st reading (in other), 2nd reading, 3rd reading, Royal Assent

23
Q

What is the Constitution?

A

a document which sets out the power of the parliament (note. not actually a law itself)

24
Q

What is the difference between Governer and Governer Genreal

A

The governer is a queens rep from state level and other is fed