Constitutions Flashcards
Name the three arms of government.
Federal, state and local
Name the three residual power.
Legislative, judicial and executive
What is a referendum?
A ballet that contains the question yes or no
How often is a election?
Every 3 years
Repeal
To wind back laws to get rid of them
How long does it take for a priminister to be elected?
3-4hours
What does the federal government do for pollution
Environment Protection and Biodiversity Conservation Act. Keep things like heritage sites like the Great Barrier Reef in tact
What does that state parliament do to keep sites in tact
They manage environmental protection laws in areas such as air and water quality, residential noise and forestry management
What is the reserve powers for the Governor General
The power to open / dissolve parliament
Who are the 4 major parties and their leaders
Richard Di Natale - Greens
Liberal - Malcom Turnball
Bill Shorten - labour
Barnaby Joyce - Nationals
How many senators does each state have
12
Which state is unicameral
Queensland
What Is the name of the 3 levels of government
Lower house ( House of Representatives), Upper house (senate), Governor General (representing the queen).
What are the 4 parties
Labour, liberal, national and greens
Name important people in a court room
magistrate or judge, jurors, a prosecutor and counsel for the defence.
Who decides whether the accused is guilty or not guilty
The jury
Who decides the sentence
The judge
What court is used for the worst of crimes
The Supreme Court
What Is the presumption of innocence?
It means that all accused people who appear before a court in Australia are presumed to be innocent until the prosecution proves that they are guilty. Not only are they presumed to be innocent, but they can only be found guilty if the court is reasonably certain the accused did the crime.
What is bail?
if a person is charged with a criminal offence, they may be granted bail by a judge. Bail is the promise that an accused person makes to appear in court at a later date. The accused usually pays an amount of money that is returned on attendance but kept is the accused is absent.
When is a person not granted bail?
When the court may suspect that an accused person who is charged with a serious crime might not turn up to court, or might be at risk of causing danger to the public.
What is a fair trial?
A trial held before a competent, independent and unbiased court recognised by law. You would presume that your side of the story would be listened to.
What is an independent judge?
When the judge has no direct involvement in questioning witnesses or deciding how both sides present their arguments.
What is the right to legal representation?
Where everyone has the right to be represented by a lawyer.
What should the judge and jury not know before a trial?
The judge and jury should have no prior knowledge about the case before the trial.
What should the judge make sure before a fair trial?
The judge makes sure that all procedures and rules of evidence are followed strictly.
What are the advantages of the presumption of innocence?
The defendant could be arrested with almost no evidence provided by police. African-American and Mexican people could be racially profiled and possibly sentenced for doing nothing.
Most people (Majority) of people are law abiding citizens, meaning the chances of someone being guilty is slim.
Normal people would no longer be arrested. It would be better if we let a few guilty people free instead of clogging our jails with innocent people.
What are the dis advantages of the presumption of innocence?
Crminals are being backed up and too protected.
Criminals will re-commit crimes or go into hiding.
Law courts are clogging up with people that are obviously guilty.
Define beyond reasonable
Beyond reasonable means that the jury is certain that the accused is guilty.
Extend on the phrase “Both sides have a role.”
Both sides will present their cases and will be treated equally.
What is the job of the bailiff?
Escorts the accused
Ballif is a prison officer of where the accused is held.
What is the job of the judge ?
Ensures the jury understands all evidence of the case
If proven guilty the judge decides the sentence
What is the job of the foreperson?
The foreperson informs the court of the jury’s verdict.
What is the job of the jury?
A group of 12 citizens who decide whether the accused is guilty or not.
What is the job of the defence attorney?
The attorney gives reasons why the accused is not guilty. They are defending the accused.
What is the job of the Counsel/prosecution?
When the police are trialing they are convincing the judge and jury that the accused is guilty.
How many people are normally in the jury?
12