Commerce Flashcards
What is a rule?
Rules are sets of principle that govern a particular activity or process.
What is a law?
Laws are a set of ‘legal’ rules that imposed by society upon its member to regulate their behaviours.
What are the two ways laws are made?
- Statute law (by the government)
2. Common law (by the courts)
Do laws change?
The laws of society reflect the values and beliefs of the people living in that society. As the values in society change, so do the laws
What are the three levels of Government?
Federal parliament
6 state and territory parliaments
Over 566 local councils
What does the federal parliament do?
It legislates, or make laws, for the whole of Australia.
What does bicameral mean?
Bicameral means that there are two houses.
What are the houses called in federal parliment?
Lower house: House of representatives
Upper House: Senate
What can federal parliaments make laws on?
The 40 areas listed on the constitution. Some examples are taxation, trade and commerce, census and statistics, quarantine, currency, defence and immigration.
What do the state and territory parliaments do?
They make laws for their state or territory.
How many houses can a state or territory parliament have?
It can either be bicameral or unicameral.
What can state and territory parliaments make laws on?
Other than those listed in the constitution most law-making powers is held by states. Some examples are schools, hospitals, roads and railways, public transport, police and ambulance services.
What do local councils do?
The make local laws, called by-laws for their region or district. For example traffic lights, rubbish collection and pet management.
Why is the division of power important?
It ensures that no one level of government can control all the laws and activities in the nation.
What are the four sections that make up the division of power?
Specific power, exclusive power, concurrent power and residual power.
What is specific power?
They are powers given to the Commonwealth (federal parliament).
What is exclusive power?
They are ones that only the Commonwealth can make laws for and States can not.
What is concurrent power?
They are when both the Commonwealth and States have authority to make laws.
What is residual power?
Powers that the States legislate on.
What is the court hierarchy?
Each court has a set jurisdiction which means that each court has been granted specific power to only deal with certain types of legal matters.
What is the hierarchy of courts from lowest to highest?
Local court/children’s court/coroner’s court
District court
Supreme court
High court
Judge’s associate
Trained lawyer who manage much of the paperwork.
Members of the public
Listen to and observe the court proceedings.
Members of the media
Observe proceedings so they can report what happens.