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Year 10 Yearlies > Commerce > Flashcards

Commerce Flashcards

1
Q

What is a rule?

A

Rules are sets of principle that govern a particular activity or process.

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2
Q

What is a law?

A

Laws are a set of ‘legal’ rules that imposed by society upon its member to regulate their behaviours.

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3
Q

What are the two ways laws are made?

A
  1. Statute law (by the government)

2. Common law (by the courts)

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4
Q

Do laws change?

A

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

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5
Q

What are the three levels of Government?

A

Federal parliament
6 state and territory parliaments
Over 566 local councils

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6
Q

What does the federal parliament do?

A

It legislates, or make laws, for the whole of Australia.

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7
Q

What does bicameral mean?

A

Bicameral means that there are two houses.

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8
Q

What are the houses called in federal parliment?

A

Lower house: House of representatives

Upper House: Senate

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9
Q

What can federal parliaments make laws on?

A

The 40 areas listed on the constitution. Some examples are taxation, trade and commerce, census and statistics, quarantine, currency, defence and immigration.

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10
Q

What do the state and territory parliaments do?

A

They make laws for their state or territory.

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11
Q

How many houses can a state or territory parliament have?

A

It can either be bicameral or unicameral.

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12
Q

What can state and territory parliaments make laws on?

A

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.

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13
Q

What do local councils do?

A

The make local laws, called by-laws for their region or district. For example traffic lights, rubbish collection and pet management.

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14
Q

Why is the division of power important?

A

It ensures that no one level of government can control all the laws and activities in the nation.

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15
Q

What are the four sections that make up the division of power?

A

Specific power, exclusive power, concurrent power and residual power.

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16
Q

What is specific power?

A

They are powers given to the Commonwealth (federal parliament).

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17
Q

What is exclusive power?

A

They are ones that only the Commonwealth can make laws for and States can not.

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18
Q

What is concurrent power?

A

They are when both the Commonwealth and States have authority to make laws.

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19
Q

What is residual power?

A

Powers that the States legislate on.

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20
Q

What is the court hierarchy?

A

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.

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21
Q

What is the hierarchy of courts from lowest to highest?

A

Local court/children’s court/coroner’s court
District court
Supreme court
High court

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22
Q

Judge’s associate

A

Trained lawyer who manage much of the paperwork.

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23
Q

Members of the public

A

Listen to and observe the court proceedings.

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24
Q

Members of the media

A

Observe proceedings so they can report what happens.

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25
Q

Sheriff’s officers

A

Serve summonses and provide security for the court.

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26
Q

The accused

A

Person standing the trial

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27
Q

Jury

A

Anyone whose name is on the electoral roll can be called as a juror. 12 jurors in criminal trial. 6 jurors in civil case.

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28
Q

Prison officer

A

A prison officer from the prison where the accused has been held.

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29
Q

Defence counsel in criminal cases

A

In a criminal case they try to convince the jury that either the accused is innocent or should have a lessen punishment.

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30
Q

Defence counsel in civil cases

A

In a civil case their role is to try convince the jury that no wrong was done.

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31
Q

Prosecutor

A

Are only in criminal cases, they try to convince the jury that a person is guilty.

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32
Q

Plaintiff

A

Are only in civil cases, they present reasons why their client should receive compensation.

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33
Q

Witness box

A

People who give evidence relevant to the case.

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34
Q

Tipstaff

A

Helps the judge keep order in the court.

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35
Q

Judge when no Jury

A

Listens to arguments presented by the prosecutor and defence counsel and makes a judgment.

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36
Q

Judge when there is a Jury

A

The judge ensures that the jury understands everything. If the jury announce guilty the judge is in charge of punishment.

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37
Q

How are common laws made?

A

When a judge makes a decision in the courts it sets a precedent for other judges to follow. This is referred to as common law. They also make new laws when they interpret words in a law made by Parliament.

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38
Q

First four steps in creating a statue law.

A

Step 1 - First reading a bill is introduced to parliament
Step 2 - Second reading reasons for introduction and intentions of the bill are given
Step 3 - Committee stage the bill is considered in detail. Amendments can be made.
Step 4 - Third reading involves the formal reading of the bill and it is voted on.

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39
Q

Last four steps in creating a statue law.

A

Step 5 - Upper house the bill is sent to the upper house.
Step 6 - If it is accepted it is signed by the governor general.
Step 7 - The bill becomes an act of parliament.
Step 8 - Act becomes law

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40
Q

What is customary law?

A

Customary law is the law of Aboriginal and Torres Strait Islanders. It is transmitted orally.

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41
Q

How is customary law executed?

A

The accused meet in public with the defendant. Members of the tribe would witness the meeting.

42
Q

What was an essential aspect of customary law?

A

Kinship was an essential aspect of Customary Law.

43
Q

What were some punishments in customary law?

A

Punishments varied greatly but some examples were reparations, exile, and death.

44
Q

What is circle sentencing?

A

Circle sentencing is an effort to fit customary law within existing legal structures and was introduced in NSW in 2002.

45
Q

What happens during circle sentencing?

A

Rather than a Judge handing down a sentence, circle sentencing involves getting all relevant parties together. This includes Elders and all parties affected by the crime.

46
Q

What is public law?

A

Public law is concerned with regulating people’s behavior within society as a whole and protects the freedom of individuals.

47
Q

What is private law?

A

Private law deals with how individuals interact with other individuals as well as the rights and duties people have towards each other.

48
Q

Classification of public laws

A

Criminal
Administrative - running businesses
Constitutional - laws on how the government is governed
Industrial - rights and obligations of employers and employees

49
Q

Classification of private laws

A

Property
Family
Contract
Tort

50
Q

What is tort?

A

Is a civil wrong that causes a claimant to suffer loss or harm.

51
Q

Four most common types of tort

A

Negligence
Defamation
Nuisance
Trespass

52
Q

What is negligence?

A

When a person fails to take reasonable care that can result in injury to others. ei leaving water on the ground.

53
Q

What is defamation?

A

Where a person injures another’s reputation.

54
Q

What is libel defamation?

A

Written defamation.

55
Q

What is slander defamation?

A

Spoken defamation.

56
Q

What is nuisance?

A

Where a person causes unreasonable interference. ei really loud music at night.

57
Q

What is trespass?

A

Where a person interferes with another person or person’s property.

58
Q

What is a crime?

A

Crime is behaviour that is unacceptable, deserving of prosecution and punishment.

59
Q

What is a summary offence?

A

Less serious offences with usually not very severe punishment.

60
Q

What is indictable offence?

A

More serious offences with the usual punishment of imprisonment or a large fine.

61
Q

What is the age a person can be prosecuted for committing an offence?

A

Age 10

62
Q

What are four ways to be politically active?

A

Keeping informed
Making concerns heard
Joining a political party
Cyber activism

63
Q

How can the constitution be changed?

A

It can only be changed by a referendum.

64
Q

What is a referendum?

A

A referendum is a question that has a yes or no answer that people can vote on.

65
Q

What are the four things that must happen for a constitution to change?

A
  • The change must be approved by both houses
  • More than 50% of voters must say yes
  • Must be majority in favour in at least 4 of 6 states
  • Governor General gives final approval
66
Q

What is a pressure group?

A

A pressure group is a group of people who have a common concern and try to influence the government.

67
Q

List some strategies of pressure groups.

A
  • Protest marches
  • Social media
  • Standing for election
  • Email writing and petitions
  • Staged media event
68
Q

What are some rights of an Australian citizen?

A
  • Freedom of speech
  • Freedom of religion
  • Right to apply for public services
  • Right to be protected from discrimination
69
Q

What are some responsibilities of an Australian citizen?

A
  • Be an active citizen and register to vote when you are over the age of 18
  • Ensure your vote counts
70
Q

How often are federal elections held?

A

Every 3 years

71
Q

What are the two methods of voting?

A

First-past-the-post and preferential voting

72
Q

What is the first-past-the-post voting system?

A

The candidate who receives the most vote wins. Voter puts an x in a box next to person they are voting for. No longer used in political elections.

73
Q

What is the preferential voting system?

A

Voters must show their preferences by giving each candidate a number. To win a candidate must receive 50% + 1.

74
Q

What happens if the 50% + 1 is not achieved in the first round of preferential voting.

A

The candidate with the lowest votes is eliminated. This candidates’ votes are redistributed. This is continued until the winner is decided.

75
Q

Positives of preferential voting.

A
  • Ensures most widely preferred candidate is elected

- Supports minor parties

76
Q

Disadvantages of preferential voting.

A
  • Takes longer to calculate

- Most preferred candidate may not be elected

77
Q

What is a political party?

A

Is an organisation that represents a particular group of people or set ideas

78
Q

What are the aims of a political party?

A

It aims to have members elected in Parliament so their ideas can be heard

79
Q

Where must parties register?

A

They must register and comply with the regulations of the Australian Electoral Commission

80
Q

How do you form a political party?

A
  1. Register with the Australian Electoral Commission
  2. Have at least 500 members
  3. Write a party constitution
81
Q

What is a coalition?

A

A coalition is formed when 2 or more political parties join together. ie the liberals and the Nationals formed a coalition

82
Q

How many seats must a political party obtain to form government?

A

76 seats in the House of Representatives

83
Q

What party forms the opposition?

A

The party with the second largest number of seats forms the opposition

84
Q

Who becomes the prime minister?

A

The leader of the government becomes the PM

85
Q

What do ministers do?

A

They have the responsibility for various functions in government ie minister of communications, infrastructure etc

86
Q

What is the role of Cabinet?

A

To direct government policy and priorities national issues. This includes deciding which bills should be introduced to the federal parliament

87
Q

Backbenchers

A

Involved in debate, serve on committees

88
Q

Frontbenchers and Cabinet

A

Allocated a portfolio, directs government policy

89
Q

The Prime Minister

A

Final decision making power often left to PM.

90
Q

What is hung parliament?

A

If no political party or coalition achieves a majority in the House of Representatives, the result is called a hung parliament

91
Q

What is a minority government?

A

When a majority of seats do not go to either major party an agreement to work with independents and/or minor parties is made creating a minority government.

92
Q

What is the purpose of the separation of powers?

A

It provides a system of checks and balances on the power of government

93
Q

What are the three branches of the separation of powers?

A
  • Legislature (parliament)
  • Executive (government)
  • Judiciary (courts)
94
Q

What is the legislature?

A

The legislature is the parliament. It consist of both houses and creates and amends legislation

95
Q

What is the executive?

A

The executive involves the governor - general, and relevant depts and agencies also known as the government

96
Q

What is the judiciary?

A

The judiciary is the courts and magistrates and judges who run them. They enforce the laws made by the legislature

97
Q

Who is the Governor-General?

A

They are a representative of the Queen and are responsible to approve new laws on her behalf

98
Q

What is the oldest political party in Australia?

A

Labour Party

99
Q

What is the voting system in the Senate?

A

Proportional Representation

100
Q

What is the standard of proof required in civil cases?

A

Balance of probabilities

Year 10 Yearlies (4 decks)

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