Civics and Citizenship Flashcards
What is statutory law
Law that is made up and passed by parliament
Passing a bill
- Preparation of a bill - MP prepares bill
2, first reading - title of bill is read
3- second reading - explains bill, suggestions and debate made
4- third reading - vote on bill and pass to senate
5- the senate- passed from lower to upper house until the same form is agreed on
6- Governor General- gives the royal assent
Common law
Common law is created when a judge has to make a ruling about a case that is not covered by statutory law
Precedent
Means once the judge decides how to deal with the case future cases similar can be treated the same
Criminal law
A group of laws in place to protect us from crime
Indictment offence
Serious and must go to trial and will be punished kore seriously
Simple offence
Dealt with quickly but court or police
Guilty act and mind
Guilt mind- intended to do crime
Guilty act- broken the law
Civil law
Protect individuals. It typically deals with disputes between individuals over an action that results in loss or harm
Meditation
A third party moderates discussion and helps them resolve or reach a solution
Civil remedies
Plaintiff wins dispute then they are entitled to be returned to the the original position before dispute
Types of civil dispute
Family law Contract law Tort law Defamations Nuisance Trespass Negligence
Customary law
Passed down by word of the mouth by the aboriginal people
Not legally recognised but is taken into considerable in some cases
Freedom of speech
The right to express information, opinions and beliefs without the government punishing us
Bound of freedom speech
Criminal law - encouraging violence
Anti discrimination- can’t be harmful against people
Media law- must obey classification
Information laws - can’t publish private information without permission