HASS: The law in Australia - ch.23

Question 1

Rule of law

Answer 1

Everyone is equal before the law, regardless of their power or status in society

Question 2

Crime

Answer 2

An act that breaks an existing law, is harmful to an individual or to society and is punishable by law

Question 3

Jury

Answer 3

A group of people who decide on a ‘guilty’ or ‘not guilty’ verdict for a case

Question 4

Beyond reasonable doubt

Answer 4

The standard of proof in a criminal trial; the judge must be satisfied that there is no reasonable reasons for the accused to be innocent

Question 5

Burden of proof

Answer 5

The responsibility for proving the case

Question 6

5 Characteristics of law

Answer 6

• reflect society’s values
• be clear and understood
• be enforceable
• be stable.
• be known

Question 7

statute law

Answer 7

Law that is made by parliament

Question 8

common law

Answer 8

Law that is created by the courts when a judge makes a ruling about a case

Question 9

Precedent

Answer 9

A previous case or example that is used as a guide for decision making when similar circumstances arise

Question 10

Australian Constitution

Answer 10

A written set of rules and principles that guide the way Australia is governed

Question 11

federal

Answer 11

Relating to the central government of the Commonwealth of Australia

Question 12

Bill

Answer 12

A proposed law that has not been passed by both
houses of parliament

Question 13

How laws are made?

Answer 13

1. Preparation of a bill
2. First reading
3. Second reading debate
4. Third reading
5. Other house
6. The governor-general

Question 14

royal assent

Answer 14

Approval given by the governor-general for a bill to
become official law

Question 15

indictable offences

Answer 15

Serious criminal offences that are usually heard by a judge and jury

Question 16

simple offences

Answer 16

Less serious criminal offences that are usually heard by a magistrate

Question 17

balance of probabilities

Answer 17

the standard of proof in civil disputes; they must establish that it is more probable than not that their version of the facts is correct

Question 18

customary law

Answer 18

Rules, customs and traditions upheld by First Nations peoples

Question 19

criminal law

Answer 19

Deals with acts that intentionally cause harm to others.

Question 20

3 Different types of law

Answer 20

Civil, customary and criminal

Question 21

damages

Answer 21

A sum of money paid in compensation for loss or injury in a civil case

Question 22

Dreaming

Answer 22

A belief system at the centre of some Aboriginal
cultures which lay down rules for people to live by

Question 23

Elders

Answer 23

Key people and keepers of cultural and spiritual
knowledge within Aboriginal communities

Question 24

delegated legislation

Answer 24

Rules and regulations made by authorities who are given the power to do so through an Act of Parliament

Question 25

Act of Parliament

Answer 25

A law made by parliament

Question 26

abrogation

Answer 26

cancelling a court-made law by passing an Act of Parliament

Question 27

judgment

Answer 27

The decision of the Court in a particular case

Question 28

Civil law

Answer 28

law that outlines rights and responsibilities of individuals, groups and organisations, and regulates private disputes

Question 29

Codification

Answer 29

When parliament creates a statute based on a precedent set by a judge