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Yr 11 Legal Studies-Semester 1 > Law In Society > Flashcards

Law In Society Flashcards

1
Q

What are legal rules? An example

A

They are laws, made by law-making bodies who hold the force of law. Examples include; Parliament, local councils. These laws can be enforced through the courts.

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2
Q

What are non-legal rules? Example

A

They are made by private individuals or groups in society, this can include schools and parents. These rules cannot be enforce through the courts

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3
Q

What’s a major difference in rules ?

A

They are able to tell us what we can and can’t do, but the consequences may be different.

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4
Q

What is the aim of law?

A

The aim is to protect our society and keep it functioning. It also aims to protect individual rights and stop the behaviour that can affect our peace and good order of society.

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5
Q

Why are laws needed?

A

Laws are needed as they or ode a set of guidelines for acceptable behaviour and prevent conflict. If we didn’t have laws, our society would be in chaos.

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6
Q

Due to conflicts being inevitable, laws are required for what reason?

A

Laws are required to outline how disputes will be resolved. Many people can take disputes to court, this helps to prevent future disputes as it causes people to be aware of the consequences that apply to poor behaviour.

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7
Q

What are the characteristics of an effective law?

A
  • known to the public
  • acceptable to the community
  • able to be enforced
  • stable
  • able to be changed
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8
Q

When a law is effective, how does being ‘known’ help?

A

The law has to be known by the community in order for them to follow it. If people aren’t aware of the law, they won’t be able to follow it. The responsibility lies with the public and law-makers, so it can work for everybody.
Eg. Road signs

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9
Q

When a law is effective, how does being ‘accepted’ help?

A

The law needs to be accepted by the community and share their values. If this is not the case, people will not feel inclined to follow to it.
Eg. Seatbelts

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10
Q

When a law is effective, how does being ‘enforceable’ help?

A

To be an effective law, it has to be able to be enforced.
So if someone is breaking the law, they must be able to get caught and brought to justice. If these actions don’t occur, people will be less likely to follow the law.
Eg. Police are able to enforce speed laws.

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11
Q

When a law is effective, how does being ‘stable’ help?

A

For it to be as effective as possible, it must be able to remain stable. If it continuously changes, people would struggle to keep up with changes and would not follow through.
Eg. Against the law to steal

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12
Q

When a law is effective, how does being ‘changeable’ help?

A

As values change, the law needs to change to suit these values. This involves advancements in technology as well.
Eg. New laws needed to combat identity theft.

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13
Q

Laws can be classified according to:

A
  • The types of actions that may have occurred and the outcome that will resolve due to a law being broken, for example;
    - criminal law
    - civil Law
  • the source of law, for example;
    - laws Made by parliament
    - laws made by subordinate authorities
    - Laws made b courts
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14
Q

What are laws made by parliament?

A

Acts of Parliament

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15
Q

What are subordinate authorities?

A

Bodies given the right to make laws by parliament, such as local councils

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16
Q

What are roles of laws made by courts?

A

The reasons for decisions reached in court when hearing a dispute which is followed in the future

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17
Q

What is criminal law?

A

A law that protects the community by keeping the peace. It is relate to actions in society that are unacceptable. When a criminal law is broken, the police will take the offender to court.

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18
Q

What is the main aim of criminal law?

A

Is to apprehend, prosecute and punish those who have broken the law and influenced others to break the law.

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19
Q

Who carries out the prosecution on a person?

A

Carried out by the state, on behalf of the society. They are commonly known as the prosecution, crown or state.

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20
Q

What is the accused or offendor?

A

The person who is being charged with the offence

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21
Q

What is a suspect?

A

Someone who is suspected to have committed the crime.

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22
Q

What is a charge?

A

When the police formally allege that somebody has committed a crime

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23
Q

What is a sentence?

A

The punishment handed out to the guilty offendor

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24
Q

What is conviction?

A

If the offender is found guilty, the court records the conviction (the guilty verdict), though in some circumstances it’s decided by the court not to have a conviction, do the offender does not have a criminal record

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25
Q

What is civil law?

A

It protects the rights of a person, relating between two or more parties. It can be between individuals or groups (like a company). In civil cases, the persons rights have been undermined and so they sue the other person for the damage and order the defendant to rectify (correct mistake) situation or pay compensation.

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26
Q

What is the main aim of civil law?

A

To return the persons rights that have been infringed to their original position.

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27
Q

What is the plantiff?

A

The person who brings case to court

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28
Q

What is the defendant?

A

The person defending the case

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29
Q

What is sue?

A

Make application in court in a civil matter. And begin civil proceedings against another person

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30
Q

Why is it necessary to have laws?

A

Laws are essential as they provide a form of social order, by having a set of rules to govern family, social, political and economical life.

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31
Q

What is compensation?

A

A civil remedy

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32
Q

What is a civil wrong?

A

A tort (a wrongful act or infringement of a right leading to civil legal liability)

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33
Q

What is defamation?

A

A civi law, that enables someone to claim that their reputation has been damaged.

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34
Q

What is negligence?

A

A civil Law, that enables a person to claim that somebody treated them negligently causing them to have an injury

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35
Q

What’s an injunction?

A

A court order that can restrain somebody from doing something or compel somebody to do something

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36
Q

How do some incidents result in both criminal and civil law?

A

In some circumstances, a person can be found guilty of a crime and punished under criminal law. And also be required to pay compensation to their victim in a separate civil action.

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37
Q

What influenced Australia’s political and legal structures?

A

The British empire.

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38
Q

What are the ‘founding fathers’?

A

The people responsible for initiating the federal system and proposing the colonies to become a federation of states within the Commonwealth of Australia

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39
Q

When did the ‘commonwealth of Australia constitution act’ pass?

A

1900

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40
Q

What does the ‘commonwealth of Australia constitution act (UK)’ establish?

A

It’s a document that states that the commonwealth parliament is the central law-making body. It lists the important law-making powers that are ‘national’ interests.
It also mentions that the sates (colonies) of Australia are still able to make law in other areas.

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41
Q

What is a constitutional monarchy?

A

A system where the commonwealth parliament and state parliaments operate within the established rules in their constitutions.

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42
Q

What is a constitution?

A

A legal document that outlines the basic rules of government and law-making bodies of the elected parliament (legislature).

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43
Q

Who is head of state?

A

The queen of England, who acts as a figurehead, with a ceremonial role.

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44
Q

What is the Governor General?

A

The person who represents the queen at a federal level

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45
Q

How many parliament are there in Australia?

A

Nine which each has a supreme law-making body within its area of power

46
Q

What is jurisdiction?

A

The power to make legal decisions and judgments

47
Q

The commonwealth parliament has exclusive power to make law in certain areas. This relates to…

A

The whole of Australia, and includes defence, currency, immigration, postal services and telecommunication.

48
Q

Where do the states and commonwealth share power in the same area?

A

In taxation, though the commonwealth will always override the states

49
Q

Acts of parliament are

A

Laws made by parliament

50
Q

As states have their own law-making powers, can the commonwealth parliament make laws in these areas?

A

No, they are prohibited to

51
Q

What are subordinate authorities?

A

Initiatives that have been given power by the parliament, to make minor laws on the pralines behalf, due to the small amount of time they have.

52
Q

What is delegated legislation?

A

Laws made though subordinate authorities.

53
Q

What are local laws?

A

Laws made by local councils.

54
Q

What is precedent?

A

A law that makes a legal ruling in a case when in court. It establishes the principles of law and follows in the next courts and individuals and fro part of the law.

55
Q

What is common law?

A

Laws made through court

56
Q

What are the three level of law-making bodies?

A
  • The commonwealth parliament
  • state and territory parliaments
  • local councils
57
Q

The role of the commonwealth parliament ;

A

It has been elected to pass laws relevant to issues of national interest.

58
Q

The role of the commonwealth government ;

A

The commonwealth government is responsible in deciding which proposed laws should be put towards the commonwealth parliament.

59
Q

What is a bill?

A

A proposed law

60
Q

Role of the state and territory parliaments

A

To pass laws for the governor of state or territory and be responsible for everything that isn’t listed as a federal responsibility, which include schools, crime and forestry

61
Q

What is the role of local councils?

A

Pass laws that relate to issues that include local roads, building regulations and rubbish collection

62
Q

What is the Australian parliamentary system modelled on?

A

The British Westminister system, which relies on the government of the day to have support for majority of the members of the lower House of Parliament in order to govern.

63
Q

What is the government responsible to?

A

The parliament

64
Q

Role of parliament

A

To pass laws for the good of government of the country or sate

65
Q

Most states are bicameral meaning:

A

They have two houses or chambers.

Queensland and territories exclude this.

66
Q

What does the parliament consist of?

A

A queen, an upper house and a lower house.

67
Q

What is the governor?

A

The representative of the queen at a state level.

68
Q

What are the houses in the commonwealth parliament?

A

Upper- senate

Lower- House of Representatives

69
Q

What are the houses in he Victorian parliament?

A

Upper- The legislative council

lower- legislative assembly

70
Q

What are parliamentarians?

A

Elected representative members for the House of Parliament

71
Q

What is an electorate?

A

A geographical area where representatives are elected by the people to be a member of their parliament

72
Q

What are political parties?

A

A party made up of people with similar value in beliefs, ideas, future direction and political objectives

73
Q

What are independents?

A

Parliamentarians who don’t belong to a political party

74
Q

What is a coalition?

A

Formation of two political parties with similar interests, which then contest an election together

75
Q

What is government?

A

The forming of elected individuals in the lower house

76
Q

What does the government consist of And decide?

A

Members of a political party that have majority of members in the lower house. It decides what laws should be put to parliament and doesn’t pass any laws.

77
Q

Who is the prime minister?

A

Malcolm Turnball, who is the leader of the commonwealth parliament

78
Q

Who is the premiere?

A

Daniel Andrews (labour), ladder of state government.

79
Q

Who chooses the ministers that are responsible for different areas of parliament?

A

The leader of the government

80
Q

What is the cabinet and their role?

A

It’s made up of the prime minister and senior minsters that decode which proposed laws should be put to parliament.

81
Q

What is the opposition?

A

Party that questions the government about policy matters

82
Q

What is the cabinet?

A

Policy making body of government, which proposes E new policies and directions.

83
Q

What are ministers?

A

Government members from the lower or upper Houses of Parliament who oversee particular areas of responsibility or government department.

84
Q

What is the structure of the commonwealth parliament?

A

Is the queen’s representative (governor general) and two house, the lower house is the House of Representatives and the upper houses being the senate.
They have been given power to make laws under the ‘Commonwealth of Australia Constitution Act 1900 (UK)’.

85
Q

Examples of power for commonwealth parliament?

A

Defence forces, immigration, imports and exports, employment, post and telecommunications

86
Q

What is the House of Representatives?

A

It’s the lower house of commonwealth parliament. It represents the people, introduces and passes bills, review bills by the senate and form the government.
It’s colour is green.

87
Q

What does the government consist of?

A

All the elected members of the political party that has a majority of members in the lower house (house of representatives)

88
Q

What is a hung parliament?

A

A part where there is no political party holding a majority of seats

89
Q

System of the House of Representatives:

A

All members have to be elected for a period of approximately three years.
At federal level, each state has been divided into electoral divisions (geographical areas), each of these divisions will have the same number of electors. Though they are divided according to population, so each state will hold different amounts of electors. All states must have at least 5 or more representatives.
The voters in each division will elect a representative.
There’s 150 members of the House of Representatives.

90
Q

What is the senate?

A

The senate is the upper house of the commonwealth parliament. The states are equally represented in the senate to avoid domination of states.
It’s role is to introduce and pass bills and review bills passed by the House of Representatives.
It’s known as the house of review due to it reviewing proposed laws from the lower house and for being the states house as it has equal representation for each state. And represented by the colour red.

91
Q

What is the system of the Senate?

A

It consist of 76 senators, 12 from each state and two from each territory. Senators are elected for six years.

92
Q

What is the structure of the Victorian parliament?

A

Is the queens representative (governor) and two houses, which includes the lower house being the legislative assembly and the upper house being the legislative council.

93
Q

What are some of the areas of Le asking for the Victorian parliament?

A

Roads, forestry, schools, local government, motor registration

94
Q

What is the legislative assembly?

A

The lower house of the Victorian parliament, which is represented by the colour green. It’s role is to introduce and pass bills and to form government. It can also review bills passed from the upper house.

95
Q

What is the system of the legislative assembly?

A

Each member will represent one electoral district and hold a seat in parliament for four years. There’s 88 members of legislative assembly.

96
Q

How many electors in each electorate in the legislative assembly?

A

37000 electors

97
Q

What is the legislative council?

A

The upper house of the Victorian parliament, represented by the colour red. members will hold their seat for four years, with eight large regions in Victoria, 5 will be elected from each region, creating 40 members in total.

98
Q

In each region of the legislative council, there are 11 electoral districts, how many voters?

A

Over 400,000

99
Q

Parliament s are elected by the people and should therefore make laws that reflect the needs of the people. Individuals or groups can have a voice in the change of law by:

A
  • contacting the media- writing a letter or going on a talk show
  • organising a petition- getting a s many signatures as possible
  • be involved in demonstrations
100
Q

Before a bill can become law it must pass through both Houses of Parliament-they must receive a majority form each member. The stage of a bill through parliament is:

A
  • introduction and first reading
  • second reading
  • committee stage/consideration in detail- adoption of the committee report
  • third reading
  • the bill passes the first house
  • same procedure in the second house
  • the bill passes the second house
  • royal assent
  • proclamation
  • the bill becomes law
101
Q

Why does the parliament pass an enabling act?

A

To give subordinate authorities power to make laws.

102
Q

What are laws made by subordinate authorities called?

A

Subordinate legislation

103
Q

What are the four things subordinate authorities can be?

A
  • stator authorities
  • government departments
  • executive council
  • local councils
104
Q

What are statutory authorities?

A

Bodies that are created by an act of parliament to investigate and make regulations on a specific range of issues.
Eg. Australian post

105
Q

What is government departments?

A

Government decides on the general policies to be administered by government departments, which need to be approved by the executive council.
Eg. Department of human services.

106
Q

What is the executive council?

A

Made up of the governor-general and relevant ministers, whom make regulations on behalf of statutory authorities and government departments.

107
Q

What are areas of law-making for local councils?

A

Sports grounds, libraries, child care centres and Darin’s and footpaths

108
Q

What are local councils?

A

Make local laws for their local area, which have different needs.
In Victoria there are 79 different local councils to make laws.

109
Q

What are the consequences of criminal or civil cases?

A

When looking at cases, you should look at the consequences and the intention of the case. Some cases may resolve in both criminal and civil cases. A person can be found guilty of a crime and punished under criminal law, and also ordered to pay compensation to their victim in a separate civil action.
In some criminal cases true punishment of an offender can include, compensation order, which orders an offender to pay compensation to a victim who suffered injury, loss of damage to property as a result of the crime.

110
Q

What are the sources of law?

A

The commonwealth parliament, the six state parliaments and the two territory parliaments

Yr 11 Legal Studies-Semester 1 (4 decks)

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