Glossary Flashcards

Question 1

Q

Absolute monarchy
Constitutional monarchy
Monarchy

Answer

A

Single person rules by inheritance
Monarch above the law
Governs in authoritarian manor

Question 2

Q

Absolute majority

Answer

A

50% plus 1 of votes cast in an election

Australian preferential voting must be absolute majority

Question 3

Q

Access

Answer

A

Ability to exercise rights in the legal system
Factors- cost of legal proceeding, language used
can limit access of an individual to dispute resolution through law

Question 4

Q

Accountability

Answer

A

Requirement of all public officials
Elected/appointed
To be directly/indirectly answerable to the people
Australia, Westminster system, chain of responsibility

Question 5

Q

Acquittal

Answer

A

Judgement of a court that the person charged with a crime has not been proven guilty

Question 6

Q

Act of parliament

Answer

A

A legislative proposal/bill passed all required stages in parliament
Legally binding statute when it has received royal assent and been proclaimed

Question 7

Q

Actus reus

Answer

A

A guilty deed or act

Question 8

Q

Address-in-reply debate

Answer

A

Debate that follows Governor General/ governor’s speech
Sets out executive legislative program for the next parliamentary session
Important opportunity for private members to import debate

Question 9

Q

Adjournment debate

Answer

A

Debate concerning the motion to adjourn/suspend the sitting or parliament to another day
WA state president 30min allowed any member can speak on almost any issue which they want a minister to take action

Question 10

Q

Adjudication

Answer

A

Judging the merits of two competing points of view

More generally a judgement in a case

Question 11

Q

Administrative law

Answer

A

Body of law dealing with rules regarding the hearings of government administrative agencies such as internal appeal tribunals.
All must operate within the bounds of natural justice

Question 12

Q

Admissible evidence

Answer

A

Information or material items allowed as evidence in a trial

Question 13

Q

Adversarial system

Answer

A

Legal system based on the principle that justice is best served by allowing competing parties to present their arguments to an impartial third person for adjudication

Question 14

Q

Alternative Dispute Resolution

ADR

Answer

A

Resolution of conflict and legal disputes privately
Mediation and Arbitration
Speeder, less expensive option to formal litigation in public courts

Question 15

Q

Amendment

Answer

A

An alteration to a bill or act

Question 16

Q

Appeal

Answer

A

A challenge to a judgement of a lower court in a higher court
Right of individuals to appeal is the major reason for court hierarchy

Question 17

Q

Appearance

Answer

A

The act of replying to a summons or turning up in court and accepting its jurisdiction

Question 18

Q

Appellant jurisdiction

Appellate court

Answer

A

Authority of higher court to hear appeals from lower courts
High court, pinnacle of hierarchy
Appellant jurisdiction over all judgement of common law/statutory interpretation made by other Australian courts

Question 19

Q

Arbitration

Answer

A

Alternative dispute method
Independent neutral 3rd party appointed
Hear and consider merits of dispute
Gives final and binding decision

Question 20

Q

Aristocracy

Answer

A

Government based on rule by elite
Aristocrats claim the right to rule by birth and status
Not dictatorship as
Based on laws over arbitrary power

Question 21

Q

Arms of government

Answer

A

A term to distinguish between

Legislative, executive and judicial functions of gov.

Question 22

Q

Arraignment

Answer

A

Court procedure
Charge contained in criminal indictment is read to the accused
Asked to plead guilty/not guilty

Question 23

Q

Australia acts

Answer

A

An act Passed simultaneously by British and Australian in 1986
Abolished appeals from state Supreme Court to British privy council
Removed right of British Parliament to make laws effecting Aus.
Major step to independence of Aus. Legal system

Question 24

Q

Authoritarian government

Answer

A

Dictatorial government based on unquestioned and complete rule by a leader
They ultimately rely on arbitrary violence to maintain control
Eg. Italy under Mussolini

Question 25

Q

Authority

Answer

A

A form of power based on consensus
Regarding the right to issue commands, make decisions
Democratic elections confer the authority of the people on elected representatives

Question 26

Q

Autocracy

Answer

A

Rule by one person with virtually unlimited authority

Autocrats generally suppress any opposition to their personal rule

Question 27

Q

Autonomous powers

Answer

A

Ability of any gov to make decisions that can not be overturned by another level of government
Constitution created coordinate federation
Both central government (commonwealth) and regional gov. (Original states) have some constitutionally guaranteed autonomous powers

Question 28

Q

Backbencher

Answer

A

Any member of parliament who is not a minister or ministerial secretary, a presiding officer (the speaker) or an opposition shadow minister
They sit at the back of the chamber on benches

Question 29

Q

Bail

Answer

A

The money/sure ties put up by a person accused of a crime to assure a court they will represent themselves for trial
Can remain free until trial
Not assured of considered a danger to society
If lacking funds/assets we be remanded until trial

Question 30

Q

Bailiff

Answer

A

Officer of court responsible for serving and executing the processes of the court
Who is authorised to serve summons, make arrests and execute warrants of execution

Question 31

Q

Balance of power

Answer

A

So single party/coalition has a majority in a parliament
For a bill to pass but have support from sufficient independents/minor parties
This power to allow/veto legislation if the BoP
1981 and 2005 MP/I held BoP in Australian senate

Question 32

Q

Balance of probabilities

Answer

A

Standard proof required in civil proceedings
Civil case a litigant will be found to be at fault if their version of events is is judged to be less probable than the case put in by the other party

Question 33

Q

Ballot paper

Answer

A

Voting slip/piece of paper on which a vote is recorded
In some countries could be a machine
-machine ballots
-electronic ballots

Question 34

Q

Bandwagon effect

Answer

A

The tendency for a party that begins an election campaign ahead in the polls to increase their lead as the election approaches

Question 35

Q

Barrister

Answer

A

An independent legal practitioner who presents a case in a court
May only deal with solicitors not directly with clients

Question 36

Q

Beyond reasonable doubt

Answer

A

The standard of proof required in a criminal case
Prosecution must provide evidence to show there is no plausible explanation of the case beside the defendant being guilty
The accused is guilty beyond reason doubt

Question 37

Q

Bicameral parliament

Answer

A

System of gov. Legislature divided into two chambers
Upper house, lower house
Westminster- lower= house of gov. upper = house of review

Question 38

Q

Bill

Answer

A

A legislative proposal which is formally introduced to parliament
If passed, law

Question 39

Q

Bill of rights

Answer

A

A codified statement of legal and political rights

Has significant status in law

Question 40

Q

Binding precedent

Answer

A

Decision of a higher court

Must be followed by lower courts in same jurisdiction

Question 41

Q

Bipartisan

Answer

A

An action or policy not disputed by opposing political parties
Usually policies accepted by gov. And opposition

Question 42

Q

Black letter of the law

Answer

A

Doctrine that interpretation of statuses by courts must reflect literal meaning

Question 43

Q

Blue ribbon electorate

Answer

A

A seat where winning candidate received more than 60% of two party preferred vote

Question 44

Q

Bond

Criminal sanctions

Answer

A

Sentence applied by court to guilty
Fines/community service order/imprisonment
Retribution of the offence, protection of society, deterrence of others offending, rehabilitation of criminal- not re-offend

Question 45

Q

Budget

Answer

A

Annual statement of expenditure and revenue plans

Forthcoming hear

Question 46

Q

Burden or onus of proof

Answer

A

Requirement that person who makes a legal claim (plaintiff- civil, defendant-criminal) responsible for substantiating their case

Question 47

Q

By-election

Answer

A

An election held between general elections to fill a vacant seat due to member dying, resigning or being expelled

Question 48

Q

By-law

Answer

A

Rule/regulation based on delighted authority

Mostly community level regulations under the authority passed to local gov. From state

Question 49

Q

Cabinet

Answer

A

Executive body of government 
Decision making group
-PM and senior ministers
Meets frequently Determines policy priorities, indicating executive legislation, coordinating administration dealing with urgent/crisis matters 
'Engine room of government'

Question 50

Q

Campaign

Answer

A

Period following election date announcement

Parliamentary candidates and parties seek to win voters support

Question 51

Q

Candidate

Answer

A

A person who stands for election to parliament

Question 52

Q

Case law

Answer

A

Whole body of judge made law
Entire collection of published legal decisions of the court
Form a large part of legal rules operating in modern society

Question 53

Q

Case management

Answer

A

Supervision of pre trial stage of a civil trial

Officers of the court to help ensure timely and cosy effective justice

Question 54

Q

Casting vote

Answer

A

Vote exercised by the speaker

Decides a matter when votes equally decided

Question 55

Q

Caucus

Answer

A

A decision making body in the political process
Aus- Labour Party full meeting of its elected members either commonwealth or state parliament
US- general assembly of members of a political party who are responsible for selecting candidates for a general election

Question 56

Q

Caveat emptor

Answer

A

‘Let the buyer beware’

Warns buyer to examine a good for flaws as the vendor holds no responsibility

Question 57

Q

Censure motion

Answer

A

Parliamentary motion highly critical of a minister

Used to call for a ministers resignation basis of alleged failure to meet required standards of probity or propriety

Question 58

Q

Centralism

Centralist

Answer

A

Tendency of central gov. (Commonwealth) to increase its power at the expense of regional (the states)
Centralist prefer a political system where power is concentrated with central, advocate for state gov. Abolishment

Question 59

Q

Certificate of readiness for trial

Answer

A

Final septet of pre-trial, civil dispute
Plaintiff and defendant confirm followed all pre-trial procedures
Have not been able to settle their differences
State how long trial is expected to last
Court allocates a date for trial

Question 60

Q

Challenge to a jury

Answer

A

Right of a legal council in a jury trial to request a juror be excused
Claimed disqualification of a juror (or whole) eg. Prejudice
Limited number of challenges without specific reason (peremptory challenge)

Question 61

Q

Charge to a jury

Answer

A

Judge’s oral instruction to a jury before deliberation
Charge must accurately set out law in question (for offence and defence of accused)
Summarise arguments presented to council

Question 62

Q

Checks and balances

Answer

A

Political power divided between distinct and separate arms of gov.
Prevent excess concentration of power

Question 63

Q

Children’s court

Answer

A

Name of WA court with criminal jurisdiction
For accused 10-17
At the time of alleged offence
Child protection applications under civil law

Question 64

Q

Circumstantial evidence

Answer

A

Indirect evidence may be accepted as proof in a legal case

Eg. No eyewitnesses- forensic, finger prints/DNA

Answer 65

A

Legal membership of a country/’nation state’
Right of protection
Responsibility of upholding law of country

Answer 66

A

Legal dispute between 2+ individuals in a community

Individual may be person/entity-company

Answer 67

A

Body of law to regulate ordinary, private relationships in a community
Adjudication of civil disputes by civil court

Answer 68

A

System, Law is confided in a written collection of laws
Followed by judges
Eg. France and Germany
Contrast, common law system

Answer 69

A

Legal action bought to resolve dispute between individuals

Recovery of debt, damage claim- injury person/property, compensation for contract breech

Answer 70

A

Group of people with common social characteristic

Usually- division of society based on occupation and status

Answer 71

A

Alliance between 2+ factions/parties in parliament

Aus. Normally liberal and nationals

Answer 72

A

Division of power between house of federal parliament, House of Representatives and senate
Houses have equal power to initiate and pass legislation
Exception- only HoR can initiate and amend money bills

Answer 73

A

Imbalance of power in federal system
Central authority effectively dominates regional gov.
Aus. Since WWII commonwealth finically dominate over the states,
Direct state spending through tied grants
Coercive federalism

Answer 74

A

Hearing in the magistrates court
Accused of indictable offence enters a plea
Committed to trial in a superior court

Answer 75

A

Small cross-party group of members of parliament
Inquires into specific matters to report back to parliament
Roles- scrutiny of gov. Activity (examining- bills, public administration, expenditure) investigating policy issues, administrating some functions of parliament
Only has those assigned to it by parliament

Answer 76

A

Traditionally- stage in passing of Bill, all members consider in detail
Also may be used for other purposes eg. Examining governments expenditure

Answer 77

A

Passage of legislation
Possible amends to the bill debated and decided
Also, committee stage

Answer 78

A

Based on Pervious judgements of other courts
In Britain and Aus
Was main
Now covers body of decisions for areas not covered by statute laws in parliament
Core principle- state decisis (to stand by what has been decided)
Reasoned decisions of higher courts, form binding precedents
To be followed by decisions of lower courts
Contrast, civil law- France and Germany

Answer 79

A

Rights that flow from legal traditions/conventions of a community, recognised by courts
Right to a fair trial, considered innocent until proven guilty, free expression, free association
Exist until specifically overridden by parliamentary statute

Answer 80

A

Courts directly involving community in setting sanctions applied to offender
Family members of defined social group in which defendant is a member
Eg. Indigenous courts of Aus
NZ courts operating in Maori community

Answer 81

A

Requirement of all individuals with a legal right to register on electoral role and attending polling place to vote
Failure without good cause incurs a fine

Answer 82

A

Power that can be exercised by both commonwealth and the states
Set out in s51 of constitution

Answer 83

A

Group of independent nations
Agreed to hand over some of their power to a jointly controlled central political body
Central authority designated powers to set/coordinate common policy in a number of areas
Eg. European Union common policy on- agriculture, currency and other areas for members

Answer 84

A

Vote in parliament
Members free to vote on own judgement
Regardless of party policy
Often allowed on matters of moral judgement/religious belief
Eg. Parliamentary debates on abortion, euthanasia and stem cell research

Answer 85

A

Value stability, oppose social change
Social cohesion based on traditional institutions and values
Want limited gov. Involvement on economic and social matters
Traditional institutions they seek to bolster- family, organised religion, the monarchy, capitalist economy
Emphases importance of nationalism, loyalty, moral uprightness
Want to use gov to reinforce traditional institutions
Extreme/radical conservatives seek to return to ‘more perfect’ past age

Answer 86

A

An electoral district

Contains electors who vote for a representative in elected assembly

Answer 87

A

Set of basic laws by which a state/nation is governed
May include- principles, powers and process of a political system (sometimes legal)
One or a small number of dedicated special acts (eg. ‘Written constitution’ of Aus/US
Numerous individual statues and unwritten conventions developed over time (eg. ‘Unwritten constitution of GB/NZ)

Answer 88

A

Meeting called to write/modify a constitution
Aus. Drafted by a series of constitutional conventions in 1890s
Over past 30yrs 3 major conventions held to recommend amendments
Most recent- 1998 for adoption of Aus. Republic

Answer 89

A

Body of legal precedents made up of judgements of interpretation of constitution of high court
Also disputes concerning constitution

Answer 90

A

Belief that powers of gov should be limited and subject to rule of law
Requires powers of parliament to be set out in written/unwritten constitution
Rejection of arbitrary rule, vital step in development of modern democratic ideas

Answer 91

A

Deliberate disregard of an order of a court

Contempt may be punished by criminal sanctions

Answer 92

A

Promises recognised by law as a duty
Law provides a remedy for a breach
Disputes make up contract law

Answer 93

A

The attempt by an independent 3rd party (conciliator) to help parties in a dispute reach a mutually acceptable settlement
Different form arbitration- arbitrator can impose a decision on the parties

Answer 94

A

Criminal receives sentence 2+ separate crimes they are guilty of
Court allows them to be served at the same time (concurrently)

Answer 95

A

Unwritten practice concerning powers, processes and procedures, has general acceptance, consciously followed by a societies political activities
Conventions only as strong as practical commitment as no legally binding penalties for breaches of convention
Aus- most important Westminster conventions of responsible government

Answer 96

A

Any prisoner

Specifically prisoners transported by British gov from 1788 to late 1860s (in WA)

Answer 97

A

Result of criminal trial in which accused has been found guilty of a crime

Answer 98

A

Voluntary arrangements between the commonwealth gov. And state gov. To take common administrative/legislative action
This approach claimed most typical of commonwealth-state relations in WWI to the 1950s
Many recent examples- traffic rules, microeconomic reform and gun control

Answer 99

A

Federal arrangement where central and regional levels of gov. Act independently in their respective spheres
Claimed most typical of relations in first 2 decades of federation

Answer 100

A

Evidence that conforms/reinforces the testimony of another witness/party in trial

Answer 101

A

Expense incurred in legal action

Civil- party in wrong must pay court and some other costs (eg lawyer) of successful party

Answer 102

A

Regular meeting of state premiers, territory chief ministers and prime minister to negotiate policy issues that involve joint state and commonwealth funding/activity
Past premier conference

Answer 103

A

Persons legal representative in court eg. Barrister/solicitor

Answer 104

A

Alternative dispute settlement
Judge administers pre-trial investigation, examines evidence, determines facts of the case, sets penalty/sanction
Used in France and Germany
Some elements in Aus. Legal system

Answer 105

A

Converted to hear disputes concerning validity of an election result
State election single Supreme Court judge carries this out

Answer 106

A

Original jurisdiction to hear specific civil/criminal matter

Supreme Court of WA is court of first instance to hear civil disputes, value of $750 000

Answer 107

A

Initial part of an act
Sets out definitions
Describe provisions of commonwealth of Australia act, preceded constitution

Answer 108

A

Actions regarded as anti-social and dangerous to community
Prohibited by statutes
Prosecuted/punished by gov
Between society and person accused

Answer 109

A

Sentence applied by courts to a person who has been found guilty of an offence
Sanctions- fines, community service, protection pf society from offender, deterrence of others from offending, rehabilitation of criminal so they will not re-offend

Answer 110

A

Seats in parliament between the benches occupied by gov and opposition
Cross benched occupied by independents and minor party members

Answer 111

A

Process of questioning a witness during trial
Examination of witness begins with examination-in-chief- lawyer questions their witness, called to provide supporting evidence
Followed by cross-examination of witness by opposing lawyer
If necessary can be re-examined by own lawyer

Answer 112

A

Gov or opposition member crosses the floor when they vote against on party in parliamentary vote

Answer 113

A

Dominant set of social values in a society that are passed on from one generation to another

Answer 114

A

Applies to successive sanctions received by an accused who has been found guilty of more than one offence
Eg. 5 yrs for burglary and 3 for possession of stolen goods
Accumulate to 8 yrs total

Answer 115

A

Traditional laws of group/community reflects values of group
Part of oral tradition of group enforced through traditional authority
Eg power of leaders or shared community decisions

Answer 116

A

Customs duties are taxes on importation of goods
Excises are taxes on manufacture/sale of goods and services in a country
Collection exclusive power of commonwealth under constitution

Answer 117

A

Financial compensation ordered by a court to offset loss/suffering caused by another persons fault/negligence
3 main types of damages- compensation damages, reimburse/compensate plaintiff for losses
-exemplary damages (punitive damages), awarded to punish/make example of defendant to community
-plaintiffs may seek normal damages (not ask for financial), when they want to prove point of principle

Answer 118

A

Formal announcement of results of election

End of electoral process

Answer 119

A

Removal of an offence from criminal code/reduction of severity of the sanctions used to control an offence

Answer 120

A

Decision in favour of plaintiff

Defendant fails to contest legal claim

Answer 121

A

1) effort of accused/defendant’s council during the trial process designed to defeat prosecution/plaintiff in trial
2) to counter/defeat the plaintiffs contentions, a respond to a complaint
3) plea to reduce/eliminate ‘guilt’ of an accused eg. Self defence

Answer 122

A

Person, company or organisation defends civil action taken by plaintiff
Person charged with criminal offence

Answer 123

A

Members who vote to perception of their voters of personal views/ those of party

Answer 124

A

Statues that allow the executive to authorise public service/other lawful authorities eg. Statutory authorities/local gov
To create legally binding regulations or determine by-laws

Answer 125

A

Political and legal system based on individual freedom, equality and rule of the people
Direct- people vote on legislation Ancient Greece
Representative- people’s elected representatives vote on legislations Aus, US

Answer 126

A

One person (/small group) has complete power in a country
Esp. Power achieved by force
Dictators- ‘above the law’, actions restrict legal + civil rights of citizens
Eg Iraq under Hussien
Military control in cont. Burma

Answer 127

A

Campaign technique
Candidates send direct mail to voters to gain support
Must collect info about voters/group eg on policy issues
Targets for particular contacts

Answer 128

A

Court decides a precedent/previous decision set by a court at the same level as is wrong in the law

Answer 129

A

Part of pre trial of civil case
Litigant requests information/documents held by other side
In attempt to ‘discover’ reverent facts

Answer 130

A

Any action that disadvantages a particular individual/group
Based on irreverent factor
Eg. Race, sex, ethnicity, physical handicap or age
Negative action based on prejudice, not reverent facts

Answer 131

A

Decision reached by a judge that disagrees with the majority of a panel of judges hearing a case

Answer 132

A

Termination of sitting of parliament so that a general election may be held

Answer 133

A

Court departs from established precedent bc it decides the case before it is substantially different from facts of an earlier case

Answer 134

A

Intermediate court in WA
Presided over by district court judge
Deals with indictable offences eg serious assaults and thefts (max sentence- 20yrs)
And civil claims where $75 000 and $750 000 is claimed
In vic, county court

Answer 135

A

Process enabling police to deal with minor offenders
Does not involve being recorded of court appearance
May be, formal caution, voluntary rehabilitation program, community based body setting sanction

Answer 136

A

Separation of members of parliament
Into for and against a motion
Vote formally counted

Answer 137

A

Formal arrangement allocating responsibilities of gov
Between different levels in a federation
Sometimes, ‘federal balance’

Answer 138

A

Principle that lower court is bound be legal principles created by decisions of higher court

Answer 139

A

Ranks candidates 1 down ballot paper

No regard for merits of various candidates

Answer 140

A

Elections are part of procedure under s57 of Aus constitution
Designed to resolve deadlocks between HoR and senate
Both houses dissolved, election for all members of both houses

Answer 141

A

Legal principle that An individual has been acquitted of an offence by a court
Can not be re-tried for same offence

Answer 142

A

Fundamental procedures of law
Eg right to be heard
Underpinning fairness of the law
Also describe ‘natural justice’

Answer 143

A

Legal obligation of a person to exercise reasonable care in conduct of activity
Idea of duty of care key principle behind tort of negligence

Answer 144

A

A belief in fundamental equality of all people
Aus - attitude rejecting any social hierarchy of status and class
‘Jacks as good as his master’

Answer 145

A

Relatively minor indictable offence where both a summery and an indictable penalty set out in law eg burglary/minor drug dealing
Magistrates court could hear either way unless refer to Supreme Court

Answer 146

A

Common law maxim/rule followed by courts when interpreting statutes
Means 'of the same time' and allow judges to asses if a situation fits the common class in an act

Answer 147

A

A body of people elected for the purpose of choosing political office-bearer
US- indirect process, vote elect members of electoral college, they pick president

Answer 148

A

Is the way in which representative institutions of a country operate
Features- # of members, size of electorates, term of office of elected members

Answer 149

A

All persons entitled to vote

Geographical area represented by a member of parliament

Answer 150

A

The swearing in of a jury for trial

Answer 151

A

Powers of government formally set out in Aus constitution

Can be exercisable by only commonwealth (exclusive powers) or shared commonwealth and state powers (concurrent powers)

Answer 152

A

Decree to which citizens are treated with equal fairness by the procedures/personal of legal system
More broadly, society in general

Answer 153

A

Info that can be used in court to decide facts of a case

Eg oral statements of witnesses/ documents- lease/ objects-gun

Answer 154

A

Process of questioning witnesses during a trial

See cross examination card

Answer 155

A

Gov charge/tax on manufacture/sale of goods/services in a community

Answer 156

A

Powers set out in Aus constitution about which only commonwealth gov can make laws

power to collect customs and excise duties s90
laws on operation of federal public service s52

Answer 157

A

One arm of government
Makes policy, controls gov administration
Aus, political executives, gov/minister answerable to parliament for their actions

Answer 158

A

Body- queens representative (Governor General, states-gov) and government ministers
Federal executive council- advised GG, formally approves decisions of parliament/cabinet

Answer 159

A

Power to administer the law
One of 3 arms
Others- legislative power exercised by parliament
-judicial exercised by courts

Answer 160

A

Formal/valid ballot where all available preferences have been counted

Answer 161

A

Latin ‘after the fact’
Decisions of courts are ex post facto
(Also Do not have main intention of setting a general rule that applies to all actions)

Answer 162

A

Constitutional power of GG
By convention exercised on behalf of parliament
Eg assenting laws, opening parliament

Answer 163

A

Classification used by Aus electoral commission

Refer to seats in which winning party holds 56%-60% of two-party-preferred-vote

Answer 164

A

Court for divorce and responsibility for children

Answer 165

A

Alternative criminal post trial
A form of restorative justice
Sanction set to defendant who pleaded guilty, with family, close community, victim

Answer 166

A

Political system based on very powerful leader, state control, extreme pride in country/race
Political opposition not allowed
Will of leader completely identified with good of nation
Considered extreme right of political movements
Eg nazi Germany, mussolini’s Italy, Franco’s Spain

Answer 167

A

Part of hierarchy of commonwealth courts est under authority of Aus constitution
Hear civil and criminal disputes under commonwealth laws

Answer 168

A

System of gov powers/responsibilities divided between national and two+ state/regional
Requires written constitution
For settlement of disputes between division of powers (in constitutional court)
Eg- Aus, Canada, US

Answer 169

A

Creation of a nation by previously separate states uniting
Retain some self gov, hand over some powers
Eg Aus 1901

Answer 170

A

A tactic to delay vote/decision with long speeches
Unusual in Aus, gullotine provisions under standing orders of Australian parliament
Sometimes possible in upper house, looser regulation

Answer 171

A

Candidate with largest # of votes is elected even if receive

Answer 172

A

Use of governments control over parliamentary agenda and of standing orders
Ensure rapid passage of large amounts of executive legislation
Towards end of parliamentary session

Answer 173

A

Right to vote also suffrage
Aus parliamentary elections, citizen >18
In past restricted, men without property, indigenous people, women

Answer 174

A

Vote can be counted

Correctly marked, according to instruction

Answer 175

A

Members of parliament who are ministers/shadow ministers

Answer 176

A

2nd stage of pre-trial process, civil dispute
Litigants develop cases
Involve- interrogations (formal questions to gain reverent info from other party) and discovery (notice served by litigant, other party provide access to reverent documents)
May be settled here, may go to certificate of readiness for trial

Answer 177

A

Motion under standing orders of parliament
‘Motion must be put’
Successful gag=cuts of debate of an issue
Restrict debate, speed up passage of a bill

Answer 178

A

Election for all seats of lower house

Voters can continue support for a gov or dismiss it

Answer 179

A

Payments made to state out of commonwealth gov consolidated revenue
‘No strings attached’
Funds spent by state as they see fit

Answer 180

A

Drawing of electoral boundaries create an artificial bias toward candidate/party
Unusually designed to benefit dominant/incumbent political party to hold power
Term Evolved 1812, Massachusetts governor, Eldridge Gerry, created voting district resembling salamander

Answer 181

A

1 of 3 standard approaches in interpretation of statutes
If application of statute would have absurd/unfair outcome judge may refer to general aim of statute in interpreting an apparently inconsistent part of the act

Answer 182

A

GST
Broadly based sales tax
Introduced 2000 commonwealth gov introduced 10% tax on almost all goods and services produced in Aus

Answer 183

A

Body with power to set political policy
In Aus- party/ies maintaining majority of lower house
More narrowly- describe political executive

Answer 184

A

Queens rep at state level in Aus
Appointed by queen
Acting on advice from premier of state
Pre self-gov, governors powerful figures
Now mostly ceremonial

Answer 185

A

Queens rep at commonwealth level (federal in Aus)
Carries out queens function as head of state on her behalf
Queens appoints GG on prime minsters advice

Answer 186

A

Constitution uses term to indicate powers of GG based on advice from federal executive council

Answer 187

A

Part of parliamentary procedures
Allows a minister 10min on any matter of concern to them/their constituents
In commonwealth parliament 1hr 15min per sitting week

Answer 188

A

Limit on length of debate during passing of a bill
Imposed when motion is put to classify bill as urgent
If accepted max time per stage is specified
Can be necessary to prevent time wasting
Controversial as put a bill through with little debate

Answer 189

A

‘You have the body’
A person being detained must be prevented to a judge to decide if detention is legal
Long standing common law right, prevents arbitrary imprisonment

Answer 190

A

Official written records of parliamentary debate

Produced by officers of the parliament

Answer 191

A

Leader of executive gov/senior executive in gov
Determines/coordinates policy and administration
Aus, head of government is prime minister or premier
Must command a majority in lower house

Answer 192

A

Person in political system, role symbolises legal authority of the system
Powers may only be formal and ceremonial
-giving formal assent to laws, opening parliament, meeting reps of other nations
Democratic constitutions- for taking action in crisis/political deadlock
Aus- monarch, queen, all her powers go to GG/G

Answer 193

A

Offered by a witness
Did not observe themselves but were told
Not accepted in court

Answer 194

A

Order of importance of courts in legal decision making
WA- up from magistrates, district, supreme, high
Allow for specialisation and bc ‘precedents flow down and appeals flow up’

Answer 195

A

Superior in Aus hierarchy
Only one directly established by constitution
Original jurisdiction over constitutional disputes and appellant jurisdiction over all criminal and civil law in Aus

Answer 196

A

Any court higher in hierarchy
In general, Supreme Court and high court as generally source of legal decisions that form precedents that are binding in lower courts

Answer 197

A

Lower house in federal parliament

Answer 198

A

Generally upper house in bicameral parliament
Review/re-examine bills passed by lower house
Protection against hasty, ill concerned, bad legislation
Role in Aus has always been controversial

Answer 199

A

Card/piece of paper handed out at an election by a political party to show its supporters how they would like them to vote
If most of there supporters vote to there preference distribution a candidates ability to win is increased

Answer 200

A

Rights that belong to all people simply because they are human beings
Free society, basic principle, these rights are inalienable, can not be given away or legitimately reduced
Persons fundamental HR- right to fair trial, civil- freedom of speech
Considerable debate over what freedoms should be inalienable

Answer 201

A

A jury that can not agree on a verdict
Decisions must be unanimous or near unanimous
Result of jury failing to reach a decision is a miss trial

Answer 202

A

No party or group of parties has majority
Lack of majority in lower house creates minority gov
Gov is dependant on support of minor parties/independents to pass legislation

Answer 203

A

Wide-ranging and consistent system of beliefs/ values
Claim to describe ideal political, economic and social system
May support status quo (conservatism)
Or criticise existing structure, set out model for reformed/radically changes (communism/socialism)

Answer 204

A

Trial by legislature of a public official

US, president can be removed by impeachment

Answer 205

A

Can not be received into court to aid a judge in deciding a case
Eg. Hearsay evidence

Answer 206

A

Direct tax on all forms of earnings of individuals
Wages, salaries, dividends, interest and capital gains
May be used to include company tax
-direct tax on profit of enterprise

Answer 207

A

A parliamentarian who is not a member of a political party

Answer 208

A

More serious criminal offence
Generally heard by judge and jury
In district or Supreme Court

Answer 209

A

Voters elect members of body that is empowered to elect office holder
US election president

Answer 210

A

Can not be included in count towards an election result

Filled in incorrectly

Answer 211

A

Setting standards/rules for the future
Almost all statutes passed in parliament
Effective as of proclamation date
Retrospective laws, unusual and controversial

Answer 212

A

Court order requiring a party to take/refrain from specific action

Answer 213

A

Treaties and internationally accepted customs seeking to regulate actions of nations
Treaties- generally based on common agreement
Eg United Nations and international court of justice
Hear disputes of breaches of these treaties

Answer 214

A

Act of parliament provides guidelines to courts for interpretation of acts generally
Eg western Australian interpretation act 1984

Answer 215

A

Part of pre trial process
Formal set of questions served by plaintiff/defendant to gain info
Compulsory to respond
Answers are equivalent to statements under oath

Answer 216

A

Committee of parliament Includes upper and lower hour members

Answer 217

A

Under the deadlock of provisions of constitution s57
Double dissolution can be followed by joint sitting of senate and HoR
Sit and vote as one house on bills triggering double dissolution

Answer 218

A

Power to interpret the law or apply the law in individual cases

Answer 219

A

Term used to refer to appeal process

Often specifically app wake from the decision of administrative agency to a court

Answer 220

A

Title of presiding person
Makes final decision if goes to supreme/district court
Usually with a jury
Referred to as sir/ma’am/ your honour

Answer 221

A

All law created/modified by courts
Creating common law precedents and through statutory interpretation
In all non-constitutional law acts by parliament override law made by courts

Answer 222

A

Decision by a court to settle a civil/criminal dispute

Answer 223

A

Ability of a judge to apply reasonable/equitable principles in making judgement
Eg criminal laws generally allow for judges to take account of an offenders circumstances in deciding crimes severity

Answer 224

A

Key element of separation of powers between parliament and the courts
Requires subsequent that a act of parliament can not overturn existing judgement of a court in an individual case
Should not be possible for parliament to pressure courts to makes decisions approved by them
Judicial independence requires judges secure tenure
Should only be possible to remove judges from office in extraordinary circumstance

Answer 225

A

Members of a court of law who interpret laws and settle disputes
Comprise third arm of gov

Answer 226

A

A group of men and women randomly selected from general population to hear evidence in trial
And on the basis of evidence reach a decision on question of fact/’truth’ in a case

Answer 227

A

Requirement that citizens (unless otherwise exempted) are liable to be called to be a member of a jury in a district/ Supreme Court trial

Answer 228

A

A society’s concept of fairness
Requires legal process based in consistent rules, applied in an unbiased manner and that individual laws are based in prevailing social values and fundamental human rights

Answer 229

A

Rules of conduct enforceable by the courts

Answer 230

A

Body set up by parliament to inquire into aspects of law that may require revision
Seek input from legal practitioners and general community as a basis of advice to parliament

Answer 231

A

An official collection of judgements in a courts in common law cases
Provide the basis for use of precedents in court judgements

Answer 232

A

Financial assistance to access legal services for individuals who could otherwise not afford it
Aus- publicly funded legal and provision and private charitable groups to provide

Answer 233

A

Hierarchy of courts

Established process of law that provide for resolution of disputes and interpretation of statutes

Answer 234

A

Can describe activity of parliament in debating bills and establishing statutes
Of equivalent term for act of parliament

Answer 235

A

Lower house in state parliament
Aus- ‘house of government’
Term used in- WA, VIC, NSW, QLD (sole HoP)
SA and TAS call house of assembly

Answer 236

A

Upper house of state parliament
Aus- ‘house of review’
QLD does not have

Answer 237

A

Activity of parliament in debating, scrutinising and enacting statutes
Key role of elected parliaments

Answer 238

A

Authority of parliaments to make laws for a society

Answer 239

A

A law-making body

Such as a Parliament

Answer 240

A

Idea that The ideal political system should combine majoritarian democracy (rule by the people)
With protection of political, legal and social rights of individuals and minority groups

Answer 241

A

Democratic political ideology that emphasises individual autonomy
Liberals support- free market economy, extensive civil liberties and personal freedom (eg- religious)
Traditionally argued for limited government role in society
However reformist liberals argued gov intervention (eg. Public provision of education and health systems) needed to ensure fair outcomes for all groups

Answer 242

A

Modern belief that gov should not have unrestricted powers

Their actions should be governed by rule of law

Answer 243

A

Requires judges assess an actin isolation and apply it exactly in accordance with its words
‘Black letter of law’ approach to statutory interpretation

Answer 244

A

Action of taking legal proceedings against another person

Answer 245

A

Any court lower in hierarchy of courts

Answer 246

A

Chamber of bicameral parliament that is popularly elected and intended to express will of people
In Westminster-style gov is formed from the party/parties that have majority of support in lower house

Answer 247

A

Person who administers justice in magistrates court

Referred to as sod, ma’am or your worship

Answer 248

A

Lowest court in Aus court hierarchy
Hears less serious criminal offences and civil disputes
WA- simple offences, some indictable offences and civil disputes under $75 000

Answer 249

A

Document signed by King John in 1215
Conceding King is subject to law and acknowledging fundamental legal rights such as trial by jury
Considered foundation of modern P&L freedoms

Answer 250

A

Alternative partway for consideration-in-detail of bills by HoR
Often used when agreement can be readily reached
Mai committee sits concurrently with sitting of the house
Decisions reported back to the house
If accepted bill proceed to 3rd reading
Parallel process allows HoR to devote more time to business
MC also hears reports

Answer 251

A

Political parties that can achieve majority/near majority
Characteristics- broad support base, organisational capacity to contest all/most seats, wide ranging philosophy, comprehensive set of policies
Eg. Liberal party of Australia and Australian Labour Party

Answer 252

A

Based on single member electorates
Generally lead to outcomes where one party/coalition achieves clear majority of parliamentary seats
May require successful candidate to achieve simple majority (first past the post voting systems) or an absolute majority (preferential voting systems)

Answer 253

A

Jury decision that is not unanimous but still accepted as a clear verdict
Not accepted in all jurisdictions
States that allow variously require 11-1, 10-2 or 9-3

Answer 254

A

Drawing of electoral boundaries to allow large variation in number of constituents in different electorates
Deliberate feature if early systems to allow greater political power to land owners in non-urban electorates
In WA up until 2008 boundaries for legislative assembly still featured significant Malapportionment

Answer 255

A

Authority provided by voters to a successful political party to pursue its policies in parliament
Winner has mandate to enact legislation and carry out administration based on policies put to people in election that bought them to power
Recently minor parties holding balance of power in the senate have argued they have mandate to act as check on gov and seek amendments to bills

Answer 256

A

Laws that remove judicial discretion in setting of criminal sanctions
Under these laws passed in 1990s in NT and WA courts sentencing property crimes were required to apply fixed terms of dentition to repeat offenders

Answer 257

A

Classification used by Australian electoral commission to refer to seats winning party holds between 50%-56% of two party preferred vote

Answer 258

A

General term for organisations that provide info, opinion, and entertainment to large numbers of people
Includes- newspapers, tv, radio, film and Internet

Answer 259

A

Parliamentary producer that allows MPs to speak in parliament about current events if matter not covered by other debates in the chamber
One of the procedures allowing MPs to raise issues concerning constituents or add to public debate on important issue

Answer 260

A

Legal tradition, principle or rule often expressed as a saying in Latin
Eg. Ejusdem generis and noscitur a sociis

Answer 261

A

A guilty state of mind or an intention to commit an offence

Answer 262

A

An operation of the magistrates court

Mention court hears indictment for a criminal offence and transfers case to a higher court

Answer 263

A

An organisation that contests elections for purpose of raising its profile and putting pressure on larger parties
Micro parties are single issue pressure groups that nominate candidates in elections

Answer 264

A

Member of parliament who is a member of the gov and has responsibility to a portfolio covering an area of gov policy and administration
Eg. Minister for foreign affairs

Answer 265

A

Collective term for all gov ministers

In some Aus parliaments ministry is divided into cabinet (inner ministry) and outer ministry

Answer 266

A

A gov that does not hold majority of seats in lower House of Parliament
Can only remain on power with support of independents/minor parties

Answer 267

A

Parties that do not have broad enough support base required to win a lower house election to form gov/opposition
Primarily associated with specific policy areas (the greens) or represent interests of minority in population (the Nationals)
Can wield power by holding balance of power or forming coalitions

Answer 268

A

Principle that backgrounds of elected representatives especially racial origins, ethnicity, sex, social class, and occupational backgrounds should be a good reflection of backgrounds of general population
Also microcosmic representation

Answer 269

A

One of three standard approaches of court to interpretation of status
If meaning of act is unclear the mischief rule requires judge to asses purpose of legislation or the mischief the act seeks to prevent

Answer 270

A

A minor breach of law (eg traffic offence)

If it proceeds to court it is dealt with in the magistrates court through summons

Answer 271

A

A measure of economic wellbeing (or lack of) of a community

Calculated by adding together unemployment rate and inflation rate

Answer 272

A

When, bc of a fundamental error in legal proceedings or inability of jury to reach a decision original trial result set aside and another trial must be held

Answer 273

A

Provided each voter with two votes each to elect members of a single House of Parliament
Using these two, electoral system combine majoritarian voting and proportional systems in an election for single HoP
Used- NZ HoR and Scottish parliament

Answer 274

A

A bill providing authority for gov to raise taxes or spend money for a particular purpose

Answer 275

A

Elect more than 1 member to parliament

Proportional representation voting system requires multi-member electorates

Answer 276

A

Strong sense of loyalty to a wider group (not necessarily but usually a country/nation) and commitment to traditions/interest
Expression of common interests and desire for advancement of a group of people of the same race, religion and traditions but not always political independent country
Strong nationalism can lead to conflict between different groups

Answer 277

A

Form of land title established by high court in Mabo 1992 and later indoor eared into statuary law
Common title that can be Cali ed by indigenous Australians who can demonstrate continuous customary use of an area of land since European settlement
It can be claimed over land that has not been alienated (occupied under another lawful title) or transfer to incompatible land use

Answer 278

A

Right of individuals of access to all due court proceedings that enable them to argue their case in front of an unbiased judge and where appropriate be judged by their peers
Requires individuals have right to speak if original trial had legal flaws

Answer 279

A

Law concerning actions that create injury/financial loss to another person due to failure to use reasonable care
It provides a basis for an individual to seek damages from another individual/private or public organisation that were cause of legal injury/loss occurred

Answer 280

A

Provision of Aus constitution in s24

Require # of members in HoR to be as nearly as practicable 2 times as many of senate

Answer 281

A

Part of Westminster style system of responsible gov
Tests gov level of support in lower house
By convention an elected gov that can not win motion must resign
Governor/GG must then appoint a leader who has majority support in lower house, if not possible call an election

Answer 282

A

No long term loyalty to a particular political party
They can vote on the basis of current issues
And can change party/group they support election to election
Similar- swing voter

Answer 283

A

A decision taken by director of public prosecutions not to proceed with a case
If doesn’t prevent case proceeding at a future time

Answer 284

A

A common law maxim that states that the questionable meaning of a word/doubtful words can be derived from its association with other words within context of a phrase

Answer 285

A

Printed document circulated each sitting day that lists all outstanding business before a HoP
Indicates orders of the day, notices of motion, notices of intention to introduce bills, and questions on notice
In senate called order of business

Answer 286

A

Term covering permanent appointed officers who provide support services for the parliament
Include- clerks of upper and lower house, usher of the black rod in the upper house and serjeant-at-arms in lower

Answer 287

A

Literally- ‘sayings by the way’

All parts of a legal judgement that are not part of the core statement or reasons for judgement (the ratio decidendi)

Answer 288

A

Gov by a few/minority class
Any system in which power is concentrated in the hands of a minority, even is democratically selected

Answer 289

A

An official appointed by parliament to investigate claims against gov administration and report back to parliament

Answer 290

A

Equal right of individuals to vote

Key democratic principle, each voter may only cast one vote

Answer 291

A

Principle that all votes must have the same value or weighting
Requires all electorates to contain as near as possible equal # of voters
Regarded as essential feature in most modern democracies

Answer 292

A

Principle that citizens should have maximum opportunity to know what gov has decided and how and why
Freedom of information laws give citizens right to see most government reports and papers

Answer 293

A

Second largest party in Lower house
Function- act as ‘devils advocate’ by highlighting alternatives to specific government initiatives, scrutinise gov bills and administration and develop alternative policies

Answer 294

A

Voters can decide how many preferences to lost on the ballot paper
Therefore don’t have to show preference for candidates they reject/know little about

Answer 295

A

Disputes that a court hears on their first presentation
Magistrates court has original jurisdiction over misdemeanours, supreme over civil disputes +$75 000 and high over disputes concerning Aus constitution

Answer 296

A

Ministers with less major responsibilities
Whose portfolios are subsidiary to major responsibilities held by cabinet ministers
Eg. Dept of aged care is administered as part of dept of health

Answer 297

A

Tendency of elections based on single member electorates to create results in which party gains a greater proportion of parliamentary seats than proportion of overall national vote they achieved

Answer 298

A

When higher court decision is similar but subsequent case departs from lower court judgement on the basis that lower court wrongly decided original case

Answer 299

A

Arrangement between gov and opposition to maintain party balance on the floor of parliament
When one parties representation in the chamber is reduced due to reasonable absences the other will generally agree to forgo equivalent # of votes in any division called

Answer 300

A

Representative body that has responsibilities including- initiation and passage of legislation
Federal parliament- Queen (GG), senate and HoR

Answer 301

A

Legal officers in the public service responsible for drafting bills on instructions from cabinet

Answer 302

A

A system of gov where power is vested in the people

Exercise power through representatives

Answer 303

A

Special rights giving parliamentarians immunity from ordinary law to carry out activities operations without fear of persecution from the courts
Most important- right of free speech in parliament
Parliaments can apply sanctions for misuse of these rights

Answer 304

A

Rules created by parliament to regulate own activities, eg debates
Generally set out in parliaments standing orders

Answer 305

A

Member of gov executive who assists a minister in the carrying out of their duties

Answer 306

A

Principle that where parliamentary statute and judge-made common law conflict, statutes have precedence
Aus. Only exception high court in constitutional cases

Answer 307

A

Conditional release of an offender from prison b4 full term served
On basis of good behaviour, as means of rehabilitation when not seen as a threat to security of general public
Offender who breeches patrol can be returned to jail

Answer 308

A

Practice of voting in debates strictly along party lines
Australian Labour Party from inception always required endorsed candidates to pledge this as determined by caucus
Feature of all major parties in Aus hence, ‘the party line is the bottom line’

Answer 309

A

Control/pressure used by a party to ensure its members vote together
Some use a party whip

Answer 310

A

Overseas settlement est. as a place to send criminals as punishment
In the past many countries have created
First British settlement in Aus at Sydney cove in 1788

Answer 311

A

Common law precedent, may be used by court in reaching judgement, not binding
Courts of same level in hierarchy/ decision of equivalent court in different jurisdiction may be the source

Answer 312

A

Document signed by a group of people and presented to parliament to show support on an action
Formal petitions to parliament traditional method of requesting action

Answer 313

A

Person who brings action in a civil case

Generally seeking damages from someone they claim wronged them

Answer 314

A

Agreement in criminal case where defendant pleads guilty a lesser charge/receives recommendation for a lighter sentence
No exchange for an early guilty plea

Answer 315

A

Document in which parties in civil action set out arguments that make up their case. Documents are statements of claim, memo of appearance, defence and counter-claim.

Answer 316

A

A direct vote by the people on a particular question or issue.
Result is not necessarily binding, also an indicative referendum.

Answer 317

A

Allows some voters to cast more than one vote. Eg. Voters may be able to cast a vote in every electorate in which they own property.

Answer 318

A

An election result in which the winner is the candidate that gains the largest number of votes but does not necessarily achieve an absolute majority.

Answer 319

A

An action by the Police to formally interview an offender and set conditions for future behaviour rather than requiring them to attend court.

Answer 320

A

An organised group that seeks to achieve representation in parliament and to exert influence or control over the machinery of government.

Answer 321

A

System of political decision making in a society. In all societies individuals and groups have conflicting interests, beliefs and goals. Politics is the activity through which support for alternative public policies and activities is organised and conflict between groups is resolved.

Answer 322

A

A location where people go to vote on the day of an election. Often a school or a town hall.

Answer 323

A

The stage in the trial process where the judgements of the court is formally entered and a penalty or sanction maybe imposed.

Answer 324

A

The initial part of an act that sets out the aims or objectives.

Answer 325

A

The initial part. Sets out such things as the sources of authority of the constitution it’s objectives, the parties to the constitutional agreement and symbolic statements concerning the political and social values that underline the document.
The commonwealth of Australia act includes a preamble that states the sources of authority and lists the parties that agreed to the constitution.

Answer 326

A

A preference exchanging arrangement between minor and micro parties in a multi member election. Made possible because of ‘group tickets’ whereby a registered party in an election predetermined a preference distribution. Voters who ‘vote above the line’ for the party adopt these preferences making it possible for small parties to do preference deals that give them a chance of benefitting from a large flow of preferences.

Answer 327

A

The endorsement of an individual seeking election as the official candidate of a political party.

Answer 328

A

System of government where the political executive office combines roles of head of state and head of government. And where the authority to rule is derived from the people.
Democratic presidential systems generally feature a directly elected president.

Answer 329

A

The presiding officer over the Senate.

Answer 330

A

A member of parliament elected to chair the sitting of parliament and be in charge of the business, proceedings, administration of their chamber.
They seek to ensure proceedings are conducted in accordance with the standing orders and established parliamentary practice. In the senate this task is carried out by the president and in their absence the deputy president. In the House of Representatives these divisions are called the speaker and deputy speaker.

Answer 331

A

An organised group of people who share common interests, attitudes or beliefs and take deliberate actions that is aimed at influencing public policy either to achieve some change in policy or administration or support the status quo and prevent change.
Pressure group activity have become a major means of non violent participation in modern democracy.

Answer 332

A

Principle where all those accused of civil or criminal wrong are entitled to be considered innocent until the allegations against them have been proved through due and proper legal process.
This is the ‘golden thread’ of the English legal system and is a fundamental requirement of justice in adversarial law systems.

Answer 333

A

An election held to select the candidate for a general election.

Answer 334

A

‘On the face of it’ or ‘at first sight’

Answer 335

A

The total of the first preference cast for each candidate in a preferential election.

Answer 336

A

Law that governs disputes between private individuals. Used as an alternative term to civil law. Eg. Contract law and tortes.

Answer 337

A

A non executive member of parliament. Does not hold a formal office and thus is not part of the government executive or a presiding officer.

Answer 338

A

Non executive bill. Any member of the opposition or non government parties an independent or a government back bencher may initiate.

Answer 339

A

Those aspects of an individual’s life that are generally considered to be outside the realm of the government activity.eg. An individual’s religious beliefs or sexual preference.
Civil libertarians seek to defend or even expand the private sphere.
Eg. The demand that ‘government keep out of the nations bedrooms.’

Answer 340

A

Traditional body that provides advice to the monarch of the United Kingdom. Until recent decades the Australian law was still influenced by the privy councils judicial committee that could hear appeals from the Australian superior courts.
Consists of UK lord chancellor, the past lord chancellor, selected judges of superior courts of the U.K. (Law Lords) and of some commonwealth countries.

Answer 341

A

Legal services provided for free.

Because they are trying out a new legal principle or support people who can’t pay for it.

Answer 342

A

The announcement of the official date a new law will take effect.

Answer 343

A

A voting system based on multi member electorates in which each successful candidate must achieve a quota - a fraction of the votes that reflects the number of positions to be filled from the electorate. Under PR the proportion of seats won by each party is approximately equal to the proportion of the popular vote.
PR In many Au upper house electorates including senate, and is used for election to the TAs house of assembly.

Answer 344

A

Official closing of session of parliament by the Governor/GG.
It does not involve either dissolving either house and thus does not lead to an election.

Answer 345

A

The legal council who presents the evidence against the accused.

Answer 346

A

The full or partial funding of a political party or candidate. Especially electoral costs out of tax payers funds.
Intended to reduce the reliance on private funders that increase risk of corruption.

Answer 347

A

Covers key areas of social conduct and social interaction that aims to ensure the general security of society or enforce fundamental social norms or values. Enforced by society as a whole. Eg. Criminal, industrial, constitutional law.

Answer 348

A

The part of the economy that is owned/run by the government/ their agencies. In general it provides non-market goods and services that are fundamental from govt revenue

Answer 349

A

Council acting on behalf of the office of public prosecution (Dpp) Conducts criminal prosecutions in the district and supreme courts and appeals from those prosecutions. In the majestrates courts the prosecutor maybe a specially trained police officer.

Answer 350

A

The structure of Govt dept and appointed officials that administer govt policy and legislation.

Answer 351

A

The shared activity and interest of which a community makes collective decisions through parliament and the courts.

Answer 352

A

A controversial tactic used by pressure groups during election campaigns. Eg. Anti abortion lobby to make candidates publically state their position. then threatens to redirect the vote of the supporters away from candidates that do not support them or refuse to state their opinion.

Answer 353

A

A controversial campaign technique to associate a candidate with a negative issue or circumstance. A claimed use occurred in 1995 NT election in which voters were asked if they would change their vote if they knew the labour opposition if elected would introduce 2 sets of laws one for ‘blacks’ and for whites.
Push polling questions are phrased to spread rumours by not directly asserting a fact. It is rare partly due to cost.

Answer 354

A

A daily period of time set aside during parliamentary debate set aside for back benchers to ask ministers questions without notice.

Answer 355

A

The minimum number of members of parliament that must be present for them to carry out official business. Eg voting on legislation.
One quarter of all senators and one fifth of all house of reps

Answer 356

A

In proportional representation voting system. The number of votes an individual candidate must achieve to secure election. It is calculated by dividing the number of formal voters by the number of seats available plus 1 then adding one more. In senate elections it is approx. 14.3%

Answer 357

A

The key reason or core principle underlying a court judgement in common law. The ratio decidendi of a higher court forms the precedent that is binding on the decisions of the lower court.

Answer 358

A

Reoffending by ex prisoners that leads to their return to jail.
The level is seen as a sign of failure as a prison as a form of punishment.

Answer 359

A

Periodic redrawing of electoral boundaries generally as a result of changes in the size and popn of a region.

Answer 360

A

A direct vote of the electorate on a policy proposal. Generally results are binding.
The Au constitution can be amended by a referendum carried out under the provisions of S128 constitution.

Answer 361

A

Transfer of an area of authority from the state to the commonwealth parliament. Under provisions of S51 this process is one way and not reversible.

Answer 362

A

A legally qualified person who acts in legal preceding so with delegated powers from a presiding judge. Often have a role in civil proceedings.

Answer 363

A

An act of holding a person in detention between their arrest and trial. The principle of habeas corpus requires an investigating authority to present a person to a judge questioned and charged. Judge decides bail/remand. Remand used when considered a danger to community or likely to abscond and fail to appear for trial.

Answer 364

A

Orders made by a court in a civil dispute to compensate successful plaintiff
Eg. Financial damages and orders if restitution

Answer 365

A

Role of parliamentarians in representing views and interests of electorate
3 competing models of this role: delegate, partisan, trustee

Answer 366

A

Authority of head of state (president) derived from the people
People directly/indirectly select
Contrast to monarchy’s
Eg. US, France, India

Answer 367

A

A court order in a civil dispute

Declares a contract null/void because acts if defendant make it impossible to be completed

Answer 368

A

Constitutional powers if GG that under certain circumstances be exercised on own initiative
Most regarded as excess powers, only on advice of PM/Federal executive council
Generally accepted: call election in hung parliament, dismiss PM under certain circumstances

Answer 369

A

Areas of law making authority not exclusive to commonwealth or jointly with states, under constitution
Power sole authority of states
Eg. Public provision of education, health, policing and criminal law

Answer 370

A

Derived from British Westminster principles
Executive must be supported by majority of parliament that is answerable to the people
If defeated on a motion of no-confidence in lower HoP/ election must resign

Answer 371

A

Civil remedy in which court requires defendant to return property of plaintiff

Answer 372

A

Approaches that seek dispute resolutions, recognising damage done to victim and community and repair harm of crime
Directly involves victim to determine harm of crime and seeking just recollection between the two

Answer 373

A

Higher court overturning decision of lower court

Substituting correct ratio decendi where lower court applied wrong ratio

Answer 374

A

Characteristics, abilities/ actions of humans that shouldn’t be limited by law
Eg. Free speech, religious expression

Answer 375

A

Both right in law for suspects to remain silent when questioned and accused not to give evidence in trial
Key aspect- jury can not make inferences about guilt bc chose to remain silent

Answer 376

A

Rotations order of candidates names on ballot paper so favoured positions (top and bottom) shared equally between all candidates

Answer 377

A

Exists where legal disputes between individuals settled according to consistent code of laws (customary) but political leaders not bound by same laws

Answer 378

A

All individuals equal before law
Must be based on constant, invite consistent and accepted procedures apply to all actions of gov and individuals
Rejects arbitrary and absolute power

Answer 379

A

Governing acceptability and presentation of evidence in trial
Intended to ensure fair process
Sometimes critized as limiting ability of trial to discover facts
Eg. Relevance rule and rule against hearsay evidence

Answer 380

A

Classification of Aus electoral commission

Winning party holds +60% of two party preferred vote

Answer 381

A

Person appointed by a candidate to observe counting of votes
Main role, to ensure processes don’t disadvantage their candidate

Answer 382

A

Court order authorising searching of a house/other premises

Answer 383

A

Arrangements to ensure voters don’t have to reveal their vote
First used in Aus colonies in 1850s to prevent intimidation from candidates

Answer 384

A

Short term, set up by parliament, carry out specific investigation
Act under defined terms of reference, cease to exist when report back to parliament
Senate has used for looking into GST, ‘children overboard affair’ and aircraft noise at Sydney airport

Answer 385

A

Grant of internal autonomy over most matters to a colony
Aus colonies granted self-gov by Britain over 1850-1890
Pre governors appointed by British Gov ruled directly/had veto power
Could pass legislation, carry out gov administration but Britain controlled external affairs and some law

Answer 386

A

Upper house of commonwealth parliament
States have equal representation
Was expected to protect interests of states and act as house of review

Answer 387

A

Sanction imposed on someone convicted of a crime
Judge orders based in jury’s decision
Set within possible punishments as established by law

Answer 388

A

Determination of a court of the sanction to be imposed on a convicted person

Answer 389

A

Division of gov, (3 arms) act separately and independently
Advocated by French political thinker Baron d’Montesquieu to ensure gov not wield excessive power
System of checks and balances in one another
Most important, independence if judiciary

Answer 390

A

Appointed officer of parliament who assists speaker of lower house
Formal duties- Announcing entrance of speaker and carrying mace into chamber
Constable of chamber, can be called upon to enforce decisions
Must communicate decisions of lower to upper (including transmission of bills)

Answer 391

A

Official delivery of legal documents eg. Summons/subpoena

Answer 392

A

Period of time during which it sits

Begin- first day post election to prorogued/dissolved for new election

Answer 393

A

Temporary, governing conduct of proceedings for a session of parliament
Eg. Sitting days and times,
May vary the operation of standing orders

Answer 394

A

Group of senior opposition members have special responsibility for developing alternative policies and scrutinising actions of gov ministers for specific portfolio

Answer 395

A

Minor criminal offence
Heard through criminal summons in magistrates court
Eg. Drunk and disorderly in public place

Answer 396

A

Electorate represented by only one member

Commonwealth HoR and legislative assemblies of all states except tas are based on

Answer 397

A

Aspect of counting of votes under proportional representation
When a candidate on top of a list on the ballot achieves more votes than required to gain quota, their surplus are distributed to next candidate on their list according to transfer value

Answer 398

A

Ranking of community into groups based on factors such as income, occupation,
Low income, less educated classed as low socio-economic status ect.

Answer 399

A

Political ideology seeking redistribution of resources to create much greater degree of equality
They believe in history politics has been done imaged by capitalist class who exploit majority
Radical=communist, believe political revolution required to overthrow capitalist class
Reformist socialist parties seek democratic changes to substantially increase equality without changes to existing economic system
Soviet Union was communist
Reformist socialist succeed in Scandinavian countries with ‘ radek to grave’ welfare systems

Answer 400

A

Lawyer provides legal advice directly to clients
May represent in lower courts
Prepares brief (details of case) for barrister in higher courts

Answer 401

A

Supreme authority to govern in an independent nation
Constitutional democracies based on consent of the people, operates through rules of law
Non-democratic, traditional/religious authority, coercive power
Federations it’s divided, each level of gov holds sovereign powers to make laws in distinct areas of policy

Answer 402

A

Presiding officer of lower house
Chairs sittings of parliament, ensures proceedings conducted in accordance with standing orders and established parliamentary practice

Answer 403

A

Set up to deal with specific offences seen as part of social and individual behaviour problems that may be resolved by therapy/rehabilitation programs rather than formal sanctions
Eg drug and family violence courts

Answer 404

A

order made by a court in a civil case to compel parties to fulfil obligations
Especially under contracts

Answer 405

A

Financial payment made to states by commonwealth gov that must be spent on an activity/specific purpose determined by commonwealth
Section 96 of const. Allows them to be provided
Used to control spending in policy areas that are part of residual powers of the states

Answer 406

A

Formal steps bill passes through in gov
First reading- clerk announces title, all members given a copy
Second reading- minister responsible for area describes intent of proposal and general intention debated
Committee/consideration in detail stage- considered in detail, amendments proposed and voted on
Third reading- proposed and voted again on in amended form
In bicameral transmitted to upper house where it repeats these stages

Answer 407

A

Degree of certainty required in a trail to demonstrate defendant committee civil wrong/crime
Civil- standard if proof for successful plaintiff= established on balance of properties
Criminal- establish guilt beyond reasonable doubt

Answer 408

A

Long term, established under standing orders, exist for life of parliament
Generally re-established by next parliament
Major feature of senate activity
Senate- supervise internal operations, eg. Publications, staffing, library services and privileges, scrutinise expenditure/bills (legislation committees) inquire in to legislation issues (reference committees)

Answer 409

A

Permanent rules

Covers- debate, how presiding officer can maintain order, voting procedures in chamber

Answer 410

A

‘Let the decision stand’

Judges should abide by legal rules/principles established in past cases dealing with equivalent legal dispute

Answer 411

A

General term for sovereign gov

Also regional gov within a federation

Answer 412

A

WA-provides an accessible means of adjudicating and resolving disputes, not covered by original jurisdiction of courts. Covers areas such as objections to decisions made by a wide range of officials, vocational regulation, resolution of some civil, commercial
And personal disputes between individuals.

Answer 413

A

Also federalists’ believe regional government should have equal/greater power compared to central. Vigorously opposed any expansion of commonwealth powers at expense of state.

Answer 414

A

A legally enforceable legislative act has passed all stages in parliament has received Royal accent and has been proclaimed.

Answer 415

A

Limit of time that can elapse between an event that caused an alleged wrong and a case concerning it being heard in court. In most AU jurisdiction period is 6 years although a requirement that action commences within 3 years.

Answer 416

A

A body set up under a parliamentary statute but not operated by a public service dept. Authorities report to and are answerable to parliament can include independent administrative boards for example Library board of WA and government business enterprises eg. Water authority.

Answer 417

A

Determination of the meaning of an act of parliament by the court before they can apply it to a specific case. Where statute is unambiguous and relatively current courts will apply the words literally if interpretation is required the court will consult established authorities and legal principles in determining the meaning of an act.

Answer 418

A

Suspension of a case civil - because plaintiff cannot meet conditions set by court. Criminal - circumstances that make a fair trial impossible.

Answer 419

A

Role of people in traditional monarchies and dictatorships. A subject is required to be personally loyal and obedient to the leader and has no inherent political/legal rights.

Answer 420

A

An order requiring an individual to appear in court at a specific time to give evidence or present documents.

Answer 421

A

Judgement that is based on evidence presented by plaintiff and not disputed by the defendant.

Answer 422

A

Issued by a magistrates court requiring an individual to attend court on a specific day to have their case heard.

Answer 423

A

A general term for the court that is higher in court hierarchy in a particular jurisdiction. AU supreme and high courts are superior.

Answer 424

A

A bill presented to parliament to provide for the use of government funds on a governments ordinary expenses it enables public service salaries to be paid.

Answer 425

A

Superior court in United States has original jurisdiction in disputes concerning the US constitution and appellate jurisdiction on US federal law.

Answer 426

A

Court that has original jurisdiction concerning serious criminal offences eg. Murder, armed robbery and civil disputes with a high value eg. WA over $750,000.
the court of appeal of Supreme Court hears appeals from lower court.

Answer 427

A

Binding commitment to pay a sum of money if a legal act is not performed. Can be provided by an adult over 18. Required when bail is granted and is forfeited if the bail person fails to turn up at court to have their case heard.

Answer 428

A

A sanction such as a term of inprisonment handed down to a person found guilty of a crime but does not have to serve if the person does not re-offend. If during the term of the sentence the person re-offends they must serve full period of original sentence plus any sentence imposed for the new offence.

Answer 429

A

A voter who does not have a stable loyalty to a particular political party and will support different candidates and parties at different times.

Answer 430

A

Precedent that in the murrell (1836) ruled out recognition of aboriginal property rights in land. Principle stated that at the time of European arrival (1788) Australia was for legal purposes vacant land as their was no occupants that had a system of law or government that could create land titles.
At the time of European settlement land could be granted to settlers without the need to acknowledge any pre-existing claims.

Answer 431

A

A legal case that creates a principle that will apply to future cases. offend commenced to test the law and seek to overturn/reversal of an existing precedence.

Answer 432

A

Contest in an individual electorate where two closely aligned parties eg. Liberal and national both stand candidates against a political adversary eg. ALP. Without preferential voting this would slip the anti-labour vote making it more difficult for either anti labour parties to win. This was a more significant problem with first past the post voting.

Answer 433

A

Tendency for voters to vote against a state/federal govt to avoid having the same party in power at state and federal levels.

Answer 434

A

Action that causes a civil wrong. Not arising from a breach of contract. Actions that injury someone in some way either intentionally or unintentionally include trespass, defamation and negligence.

Answer 435

A

System of gov where an elite group has total power and seeks to create absolute total control over all citizens. They repress all oppositions, terrorise society through the use of secret police and use monopoly control of mass communications to create loyalty based on distorted propaganda. For example Nazi Germany, Stallianist Russia, Maoist China and Camodia under polpot.

Answer 436

A

Process presided by a judge/magistrate who has authority to hear a case and examine the facts and law. In trial both parties present their arguments according to the set process and rules of evidence that apply and a decision/judgement is made by the magistrate/judge/judge acting acting with a jury.

Answer 437

A

A board or other adjudicating body that can settle legal disputes in a faster less formal manner than the courts. In WA a very wide range of disputes are under the authority of the state administrative tribunal. A decision of SAT is final and not subject to appeal unless there is a point of law in dispute or a claim of denial of natural justice.

Answer 438

A

Concept of representation where an elected parliamentarian acts on behalf of their constituents by voting in parliament on the basis of their personal judgement. Under this view voters judge the performance of their representative in subsequent elections. If they believe they were represented wisely they should continue to support their representative and vice versa. The conservative Edward Burke made the most famous advocacy of this view in a speech to the electors of Bristol in 1774.

Answer 439

A

Democracy where loyalties are divided between two large opposed parties who respectively form the govt and the opposition. Two parties systems feature adversarial politics. Common pattern in many English speaking democracies incl. US (republican v democrat), UK (conservative v labor) and AU (liberal/national coalition v labor). Although the rise of the minor party is bringing change to this pattern.

Answer 440

A

Calculation of aggregate support of two main parties in an election after all preferences have been distributed
After general 2PP is taken as a guide to level of support for major parties
Basis for calculation of ‘swing’ required for change if gov

Answer 441

A

‘Outside its powers’ legislation passed by AU parliament. Eg. Maybe declared ultra vires conferred on it by the Australian constitution.

Answer 442

A

All jury members agree to guilt of the accused.

Answer 443

A

Increased support during the course of the election for the party that is trailing in the polls. Generally a protest vote against incumbent gov but may be strong enough to give opposition victory.

Answer 444

A

Only 1 legislative house/chamber

Eg. QLD, NZ, Scotland

Answer 445

A

1942, commonwealth authority for administration and collection of tax, Aus
Capacity to fund WWII, avoid inflationary impact of borrowing to finance increased expenditure of WWI
States compensated with grants
Beginning of com. Monopoly on income tax

Answer 446

A

Single national parliament makes laws for entire country
No division of powers between national and regional
Eg. France, NZ
actual operation of some policy areas delegated to local

Answer 447

A

With sufficient support aloows debate on matter raised by motion without prior notice
@ federal, specifically senate
In HoR, matter of public importance

Answer 448

A

Officer of parliament who assists president of upper house
Similar duties to sergeant of arms, acts as G/GG when they attend parliament, calls on members of LH to attend UH to hear G/GG speech to open parliament

Answer 449

A

Situation in a federation where expenditure of a level of gov does not correspond to its own level of revenue
On ‘02/’03 data com. Will collect 81.6% of total gov revenue collection (including GST- 12.6% of total revenue) but directly responsible for less than 50% of total gov expenditures

Answer 450

A

Free choice as to whether or not you vote

Most democracies use, compulsory to register usually

Answer 451

A

A censure vote against gov in parliament

In westminister expected to resign if lose and can’t maintain majority in lower house

Answer 452

A

Person entitled to vote in an election

Aus citizens 18+ must vote in state and federal elections

Answer 453

A

Potential problem of majoritarian electoral systems that are based on single member electorates
Party may achieve lower % of seats than overall % support because support concentrated in ‘safe seats’ in which have large majorities rather than spread across all electorates

Answer 454

A

Written statement, registered with electoral authority by candidate/group which expresses how preferences to be allocated
Put 1 in box ‘above the line’ (senate)/’right hand side if the line’ (legislative council WA)

Answer 455

A

Lawful authority govern too an officer of the law to take action as part of an investigation/ legal procedures
Eg. Judge/magistrate issues for arrest of a suspect

Answer 456

A

Melding of westminister system of responsible parliamentary gov and a federal division of powers based on model adopted by US
Argued elements confit, especially in political crisis

Answer 457

A

Party seeks political advantage by promoting division in community
Eg. Ferment resentment by a larger group against a minority and then tag opponents with support for the minority

Answer 458

A

Conventions creating accountability in system of responsible democracy
Specifies parliament accountable to the people through regular elections, executive gov to parliament can ‘make and unmake gov’, ministers take responsibility for public servants under their direction

Answer 459

A

Underlie responsible parliamentary gov
Eg. Requirement gov/individual minister resign if can not maintain majority support in lower house and PM must be member of LH

Answer 460

A

Any political system based on conventions followed by UK
Process of responsible parliamentary democracy where exec gov consists of party/faction has majority support in democratically elected parliament
Such procedures generally based on convention rather than explicit constitutional provisions

Answer 461

A

Member of par who enforces discipline on politicians in his own party

Answer 462

A

Election result where winning party achieves a larger proportion of the seats than of total votes cast
Feature based on single member electorates

Answer 463

A

Person who gives sworn evidence in court based on direct experience of events or about areas where they have specialist knowledge
More generally asked asked to affirm truth of something
Eg. Witness to signature confirming identity of person who filled out document

Answer 464

A

Order of a court requiring performance of a specific act
Civil- sought by plaintiff to require that a defendant redress a wrong
Eg. Paying damages, or to disprove claim made

Answer 465

A

Conviction of someone innocent of an offence

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