Law Court Flashcards
What is a political party
Group of people with similar political views and beliefs
What is the objective of a political party
To gain seats in parliament
What does a political party do
Debate, discuss and assist in formation of laws
What is a coalition
Like minded parties joining together to increase numbers
Who usually forms a coalition
Liberals and national party
What house forms government
House of Representatives
What is an independent
A politician who doesn’t belong to any party
Example of a left wing and right wing party
Left-labor party
Right-liberal party
What is the date of federation
1st Jan 1901
When was the constitution put into play
1st Jan 1901
How many members in the house of reps
150
How long are house of reps members elected for
3 years
How many people in the senate
76
What is a ‘hung’ parliament
When no one party has an absolute majority
Name five methods of political persuasion
Print Social media Television Advertising Public debates
In what house would you see a preferential vote
House of reps
What is a preferential vote
When the options are numbered-1 being the favourite one
What is statue law
- made by parliament
- bound by the constitution
What is common law
- made by courts
- high court and parliament can override
- bound by precedents and legislation
What is civil law
Refers to private matters between plaintiff and defendant
What is criminal law
Law imposing punishment for illegal actions
What are 4 types of law
- Access to representation (eg lawyer)
- Equal before a court of law
- Independent judge - no bias or favouritism
- Right to appeal
Explain Australia’s system of government
Federal parliamentary democracy under a constitutional monarchy
What is the role of the high court
Interpret the constitution and decide whether laws passed act in agreement with the constitution
What is rules of evidence
Courts need to listen to all the evidence presented in the case, decide on the relevant law and apply it to the case
Precedent
Law or rule that other courts must use when deciding on cases with similar circumstances or facts
What is the importance of precedents
They help to make trials run more fairly and efficiently as the same legal principles are applied in cases that are the same or similar
Who sets a precedent
Usually the high court put all courts can
Courts must follow the precedent of higher courts
What is ratio dicedeni
When courts follow a precedent, they look at the reasoning behind it and how it was set. This helps them to apply it to their own cases
