Important

Question 1

Define the term law.

Answer 1

A law is a set of rules that are enforced by government institutions.

Question 2

Describe the functions of a law.

Answer 2

The functions of a law is to regulate conduct, resolve disputes, protect rights and liberties, promotion of Justice and maintenance of Order and Stability.

Question 3

Compare the difference between a rule and a law.

Answer 3

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.

Question 4

Describe how statue law is made including the steps involved.

Answer 4

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.

Question 5

Explain how a common law is made.

Answer 5

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.

Question 6

Explain and differentiate the powers of Federal and State governments.

Answer 6

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.

Question 7

Statute Law

Answer 7

Statute Law is the law made by Parliament. It is introduced in a Bill and, if passed, becomes an Act.

Question 8

Common Law

Answer 8

Common law is developed by judges on a case by case basis, building on the precedent and interpretation of earlier court decisions.

Question 9

What is the constitution and its purpose.

Answer 9

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.

Question 10

Referendum

Answer 10

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).

Question 11

Upper House

Answer 11

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.

Question 12

Lower House

Answer 12

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.

Question 13

State parliament

Answer 13

State parliament makes laws about:

Utilities. Public Works. Emergency services. Crime.

Question 14

Steps in bill becoming an act

Answer 14

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

Question 15

Criminal Law

Answer 15

Criminal law regulates conduct in society to protect the community and provides sanctions against those who commit crimes.

Question 16

What is a committal hearing

Answer 16

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.

Question 17

When is jury used?

Answer 17

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.

Question 18

Difference between civil and criminal law

Answer 18

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.

Question 19

What are necessary in criminal law?

Answer 19

o Mens Rea – A guilty mind (intention)
o Actus Reus – A Guilty Act
o Causation
And beyond reasonable doubt

Question 20

What is balance of probability?

Answer 20

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.

Question 21

Criminal penalties and sentencing act

Answer 21

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.

Question 22

Exclusive residual concurrent

Answer 22

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.

Question 23

Elements of a contract

Answer 23

4 ELEMENTS of a Contract:
1. Intention to be legally bound.
2. The offer
3. The acceptance
4. Consideration

Question 24

Court hierarchy

Answer 24

The High Court is at the top of the hierarchy of federal courts, then it goes supreme court, district court and then magistrate court.

Question 25

What is democracy year of federation

Answer 25

Australian democracy was Federation in 1901.

Question 26

Examples of specialized courts

Answer 26

Sentencing specialist courts and programs
Children’s Court…
Murri Court. …
Court Link. …
Drug and Alcohol Court. …
Specialist Domestic and Family Violence Courts. …
Mental Health Court…

Question 27

Offences against person

Answer 27

In criminal law, the term offence against the person or crime against the person usually refers to a crime which is committed by direct physical harm or force being applied to another person.

Question 28

Received laws

Answer 28

Received laws in Australia refer to the legal principles, statutes, and customs introduced during British colonisation, particularly following Captain James Cook’s arrival in 1770.

Question 29

Doli Incapax

Answer 29

Legal principle that applies to children who are deemed incapable of forming criminal intent.

Question 30

Separation of powers

Answer 30

The power is separated into three sections the legislature (parliament), executive government and the judiciary. The legislature enacts the laws, the Executive applies the laws, and the judiciary interprets the laws.

Question 31

Jacks Law

Answer 31

The legislation will effectively allow officers to search people in any public place for knives. People who resist a wand scan will face up to 12 months in jail and/or a fine of up to $12,000.

Question 32

When did QLD abolish the upper house?

Answer 32

1922

Question 33

Define Constitutional Monarchy

Answer 33

Constitutional monarchy, system of government in which a monarch shares power with a constitutionally organized government.

Question 34

Tort Law

Answer 34

A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state.

Question 35

3 elements of negligence

Answer 35

These are duty of care, breach and causation. If a plaintiff successfully proves these three elements, then the final part of a negligence claim involves damages.

Question 36

Define contract

Answer 36

A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties.

Question 37

Describe the difference between summary and indictable offences

Answer 37

Indictable offences are more serious criminal charges than summary offences and the penalties are often a lot greater. Like summary offences, indictable offences start in a lower court and then they are usually committed up to a higher court for either a trial or sentence.

Question 38

Define the Doctrine of Precedent

Answer 38

The doctrine of precedent is the fundamental basis of the law applied by the judiciary, which specifies that a court should apply the rulings of previous cases in situations where the facts are the same.

Question 39

What’s a plaintiff

Answer 39

a person who brings a case against another in a court of law.

Question 40

Rule of Law

Answer 40

The rule of law is a political ideal that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. It is sometimes stated simply as “no one is above the law”.