exam Flashcards
Define democracy
A democracy is a system of government by the people in which representatives are elected. The citizens or members of a state have a say in what laws are passed by government and what decisions are made.
What are the three levels of government
Federal government, State government, local government
Define constitution
A constitution is a set of rules that establishes the law making powers of a country.
Senate
The senate is the upper house of the parliament and is red, The senate has 76 senators. 12 from each state and 2 for each territory
HOR
HOR is the lower house of parliament. The HOR is green and has 151 seats.
Political parties
Liberal party
Labour party
Nationals
Greens
Preferential voting
The votes are counted under the preferential voting system by looking at who everyone’s top vote was (number 1 vote) and putting it into a tally to see who is leading with the most number of votes. To win the seat the candidate must reach 50% + 1 of the formal votes, this is called absolute majority. The person with the least votes is excluded and their votes are distributed to the other candidates depending who the people put as their candidate number two, this helps to determine who wins the election.This process continues until someone reaches absolute majority.
Compulsory voting
According to the Australian Electoral Commission, people who fail to vote will be sent a letter asking to provide a legitimate reason or pay a $20 fine.
If they fail to pay the fine or provide a valid reason for not voting, the matter will be sent to court.
Australia legal system
All individuals are equal before the law
Individuals have the right to a fair hearing
The judiciary (the court system) is independent and impartial
Individuals have the right to a reasonable appeal
Criminal law
Criminal law is concerned with cases in which a person has committed an offence against the wellbeing of the community. It includes offences against:
◗ the state, such as treason or sabotage
◗ a person, such as murder or assault
◗ property, such as theft or damage
◗ public order, such as traffic offences and abusive language.
Defendant/Accused
.
Civil law
Civil law is concerned with cases in which there is a dispute between two private
individuals. (For the purpose of the law, a corporation or a company is considered
to be an individual.) The courts hear civil cases in order to determine the rights of
individuals and to settle the dispute.
Examples of civil cases include:
◗ ownership of property
◗ contracts or other legally binding agreements
◗ divorce
Plantiff/Defendant
Court hierarchy
Magistrate county supreme high court
Jurisdiction of the courts
Civil: Magistrate under 100,000 county over 100,000, supreme over 100,00 complex
Criminal: Magistrate less serious, county more serious, supreme most serious
Parties of the courts
Criminal civil,
CIVIL-plaintiff, defendant,
CRIMINAL- accused, defendant
Key personnel in the legal systems
Judge, jury prosecutor