Important Flashcards
Define the term law.
A law is a set of rules that are enforced by government institutions.
Describe the functions of a law.
The functions of a law is to regulate conduct, resolve disputes, protect rights and liberties, promotion of Justice and maintenance of Order and Stability.
Compare the difference between a rule and a law.
A rule is a way of behaving that is agreed to socially but is not legally binding but may have other consequences such as exclusion from the game, club or activity. Laws are legally binding rules.
Describe how statue law is made including the steps involved.
To create new laws a Bill (a draft Act) is debated in parliament. If it is passed by a majority in both houses of parliament it is sent to the governor for formal approval. After approval it becomes an Act. Approval by the governor is called royal assent.
Explain how a common law is made.
Common law is made by judges in a court, using precedent – decisions made in previous similar cases – to decide how they will judge a case before them. If no past cases with similar circumstances exist, a new decision is made, which would then become a precedent for a future similar case.
Explain and differentiate the powers of Federal and State governments.
The Federal Government has the power to legislate with regard to issues such as defense, taxation and immigration, whilst State Governments can make laws in areas such as roads, hospitals, and schools. Rule of law principles also guide law making.
Statute Law
Statute Law is the law made by Parliament. It is introduced in a Bill and, if passed, becomes an Act.
Common Law
Common law is developed by judges on a case by case basis, building on the precedent and interpretation of earlier court decisions.
What is the constitution and its purpose.
Provides the basic rules for the government of Australia. Indeed, the Constitution is the fundamental law of Australia binding everybody including the Commonwealth Parliament and the Parliament of each State.
Referendum
A referendum is a national vote on a question about a proposed change to the Constitution. Double majority is needed to pass a national majority of voters (more than 50%) from all states and territories, and. a majority of voters (more than 50%) in a majority of states (at least four of the six states).
Upper House
The upper house reviews and can amend or reject legislation passed by the lower house. Its members are often elected using a different method, such as proportional representation, and serve to provide a check on the government.
Lower House
The House of Representatives or lower house is typically responsible for initiating and passing most legislation. Members of the lower house are usually directly elected by the public.
State parliament
State parliament makes laws about:
Utilities. Public Works. Emergency services. Crime.
Steps in bill becoming an act
A bill becomes an Act only after it has been passed in identical form by both Houses of the Parliament and has been assented to by the Governor-General
Criminal Law
Criminal law regulates conduct in society to protect the community and provides sanctions against those who commit crimes.
What is a committal hearing
During a committal hearing, a magistrate will consider the evidence the prosecution intends to use, and decide if there is enough to take the matter to a trial.
When is jury used?
In Queensland, juries are used to decide the outcomes of both civil and criminal trials. Criminal trials are decided by a jury of 12 jurors and civil trials by four jurors.
Difference between civil and criminal law
Criminal Cases include acts or omissions such as assault, murder, fraud, sexual assault, traffic incidents such as drink driving, drug supply as well as white collar and corporate crime. Whereas civil law includes cases such as claims of negligence and torts, breaches of contract and breaches of civil rights. Criminal law needs beyond reasonable doubt while civil must have balance of probability.
What are necessary in criminal law?
o Mens Rea – A guilty mind (intention)
o Actus Reus – A Guilty Act
o Causation
And beyond reasonable doubt
What is balance of probability?
The court is satisfied that an event occurred if the court considers that the evidence indicates that the event more likely occurred, than it did not.
Criminal penalties and sentencing act
The Penalties and Sentences Act (1992) tells courts what types of sentences they can give to an adult and when. The court still decides what sentence to give depending on the unique facts and circumstances of each case.
Exclusive residual concurrent
The government has many powers that it spreads across its three main levels – federal, state and local. Federal powers are known as exclusive powers. State powers are known as residual powers. Powers that are shared by both state and federal levels of government are known as concurrent powers.
Elements of a contract
4 ELEMENTS of a Contract:
1. Intention to be legally bound.
2. The offer
3. The acceptance
4. Consideration
Court hierarchy
The High Court is at the top of the hierarchy of federal courts, then it goes supreme court, district court and then magistrate court.
