commerce Flashcards
why do we have laws
to regulate our society and behaviour
where was australian law originated from
england
what are the three features of australias government
a representative democracy, a federation, and a constitutional monarchy
what is the australian constitution
a constitution is a set of rules by which a country or state is run
what is the divison of powers
how the ability to make laws in australia is divided between federal and state parliaments
the ability to make laws are divided into three powers which are?
exclusive power, concurrent power, and residual power
what is exclusive power
powers that are granted only to the national (commonwealth) government
what is concurrent power
powers that are shared between the national and state governments
what is residual power
residual powers are the powers that the states retained after federation
what is the hierachy of courts in australia (lowest to highest)
local court, district court, supreme court, federal court, high court
what is a tipstaff
helps the judge keep order in court
what is a judge’s associate
a trained lawyer who manages paperwork
what is a defendant
is represented by the counsel for the defence and is the accused
what is a plaintiff
someone that commences a civil action
what is a witness
someone who gives evidence about the incident or the people involved
what is a prison officer
supervises the prisoner if one is involved
what is a prosecutor
tries to convince the jury/judge of the guilt of those involved
how is a jury selected and what is their role
jurors are selected randomly form an eligible citizens’ list, their role is to assess evidence in court, determine facts, and reach a verdict based on the law, ensuring a fair trial
what is common law
laws that are made by the judges where previous made laws do not apply
how are laws made in australia
a bill becomes a law if it is passed in identical form by both the House of Representatives and the Senate, and given Royal Assent by the Governor-General
what is statute law
statute law is legislation that has been passed through Parliament
what is public law
deals with the standard of behaviour society expects of people and the government
what is private law/ civil law
laws that deal with the way people interact with eachother
what are the 6 types of criminal activity
crimes against persons, crimes against property, white collar crimes, crimes against the state, public order offences, traffic offences