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.
Sheriff’s officers
Serve summonses and provide security for the court.
The accused
Person standing the trial
Jury
Anyone whose name is on the electoral roll can be called as a juror. 12 jurors in criminal trial. 6 jurors in civil case.
Prison officer
A prison officer from the prison where the accused has been held.
Defence counsel in criminal cases
In a criminal case they try to convince the jury that either the accused is innocent or should have a lessen punishment.
Defence counsel in civil cases
In a civil case their role is to try convince the jury that no wrong was done.
Prosecutor
Are only in criminal cases, they try to convince the jury that a person is guilty.
Plaintiff
Are only in civil cases, they present reasons why their client should receive compensation.
Witness box
People who give evidence relevant to the case.
Tipstaff
Helps the judge keep order in the court.
Judge when no Jury
Listens to arguments presented by the prosecutor and defence counsel and makes a judgment.
Judge when there is a Jury
The judge ensures that the jury understands everything. If the jury announce guilty the judge is in charge of punishment.
How are common laws made?
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.
First four steps in creating a statue law.
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.
Last four steps in creating a statue law.
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
What is customary law?
Customary law is the law of Aboriginal and Torres Strait Islanders. It is transmitted orally.
How is customary law executed?
The accused meet in public with the defendant. Members of the tribe would witness the meeting.
What was an essential aspect of customary law?
Kinship was an essential aspect of Customary Law.
What were some punishments in customary law?
Punishments varied greatly but some examples were reparations, exile, and death.
What is circle sentencing?
Circle sentencing is an effort to fit customary law within existing legal structures and was introduced in NSW in 2002.
What happens during circle sentencing?
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.
What is public law?
Public law is concerned with regulating people’s behavior within society as a whole and protects the freedom of individuals.
What is private law?
Private law deals with how individuals interact with other individuals as well as the rights and duties people have towards each other.
Classification of public laws
Criminal
Administrative - running businesses
Constitutional - laws on how the government is governed
Industrial - rights and obligations of employers and employees
Classification of private laws
Property
Family
Contract
Tort
What is tort?
Is a civil wrong that causes a claimant to suffer loss or harm.
Four most common types of tort
Negligence
Defamation
Nuisance
Trespass
What is negligence?
When a person fails to take reasonable care that can result in injury to others. ei leaving water on the ground.
What is defamation?
Where a person injures another’s reputation.
What is libel defamation?
Written defamation.
What is slander defamation?
Spoken defamation.
What is nuisance?
Where a person causes unreasonable interference. ei really loud music at night.
What is trespass?
Where a person interferes with another person or person’s property.
What is a crime?
Crime is behaviour that is unacceptable, deserving of prosecution and punishment.
What is a summary offence?
Less serious offences with usually not very severe punishment.
What is indictable offence?
More serious offences with the usual punishment of imprisonment or a large fine.
What is the age a person can be prosecuted for committing an offence?
Age 10
What are four ways to be politically active?
Keeping informed
Making concerns heard
Joining a political party
Cyber activism
How can the constitution be changed?
It can only be changed by a referendum.
What is a referendum?
A referendum is a question that has a yes or no answer that people can vote on.
What are the four things that must happen for a constitution to change?
- 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
What is a pressure group?
A pressure group is a group of people who have a common concern and try to influence the government.
List some strategies of pressure groups.
- Protest marches
- Social media
- Standing for election
- Email writing and petitions
- Staged media event
What are some rights of an Australian citizen?
- Freedom of speech
- Freedom of religion
- Right to apply for public services
- Right to be protected from discrimination
What are some responsibilities of an Australian citizen?
- Be an active citizen and register to vote when you are over the age of 18
- Ensure your vote counts
How often are federal elections held?
Every 3 years
What are the two methods of voting?
First-past-the-post and preferential voting
What is the first-past-the-post voting system?
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.
What is the preferential voting system?
Voters must show their preferences by giving each candidate a number. To win a candidate must receive 50% + 1.
What happens if the 50% + 1 is not achieved in the first round of preferential voting.
The candidate with the lowest votes is eliminated. This candidates’ votes are redistributed. This is continued until the winner is decided.
Positives of preferential voting.
- Ensures most widely preferred candidate is elected
- Supports minor parties
Disadvantages of preferential voting.
- Takes longer to calculate
- Most preferred candidate may not be elected
What is a political party?
Is an organisation that represents a particular group of people or set ideas
What are the aims of a political party?
It aims to have members elected in Parliament so their ideas can be heard
Where must parties register?
They must register and comply with the regulations of the Australian Electoral Commission
How do you form a political party?
- Register with the Australian Electoral Commission
- Have at least 500 members
- Write a party constitution
What is a coalition?
A coalition is formed when 2 or more political parties join together. ie the liberals and the Nationals formed a coalition
How many seats must a political party obtain to form government?
76 seats in the House of Representatives
What party forms the opposition?
The party with the second largest number of seats forms the opposition
Who becomes the prime minister?
The leader of the government becomes the PM
What do ministers do?
They have the responsibility for various functions in government ie minister of communications, infrastructure etc
What is the role of Cabinet?
To direct government policy and priorities national issues. This includes deciding which bills should be introduced to the federal parliament
Backbenchers
Involved in debate, serve on committees
Frontbenchers and Cabinet
Allocated a portfolio, directs government policy
The Prime Minister
Final decision making power often left to PM.
What is hung parliament?
If no political party or coalition achieves a majority in the House of Representatives, the result is called a hung parliament
What is a minority government?
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.
What is the purpose of the separation of powers?
It provides a system of checks and balances on the power of government
What are the three branches of the separation of powers?
- Legislature (parliament)
- Executive (government)
- Judiciary (courts)
What is the legislature?
The legislature is the parliament. It consist of both houses and creates and amends legislation
What is the executive?
The executive involves the governor - general, and relevant depts and agencies also known as the government
What is the judiciary?
The judiciary is the courts and magistrates and judges who run them. They enforce the laws made by the legislature
Who is the Governor-General?
They are a representative of the Queen and are responsible to approve new laws on her behalf
What is the oldest political party in Australia?
Labour Party
What is the voting system in the Senate?
Proportional Representation
What is the standard of proof required in civil cases?
Balance of probabilities
