Law- not in sem2 exam Flashcards
Define a custom
A custom usually refers to something that is traditional or part of someone’s everyday life and is often something that is not thought about, or may be different in other places or countries.
For example: culture, eating at a table, driving on the left side of the road, eating habits- chopsticks/knife and fork, etc.
Define a rule
A rule refers to something that is less serious than law, and only applies to certain groups.
For example school, team, playground, game, club rules.
All of these groups will have a consequence or certain punishment for when breaking these rules.
Define a law
A law is a rule/regulation that is made and enforced by the government and applies to everyone.
Laws explain what our rights and responsibilities are and protect us and our property.
For example: Health standards, traffic/road conditions, locations of schools.
Explain the process taken to change a ‘bill’ into an act/law
The process to change the proposed ‘bill’ into an act/law is as follows:
Cabinet, First Reading, Second Reading, Committee Stage, Third Reading, and Passed to the other house (House of Representatives or the Senate) and discussed, any changes are made, then the two houses come to a compromise or an agreement. The bill is then signed by the Queen’s representative- governor general, and it then becomes an act of the Statute Government Law.
Who during the early laws, has partly shaped our legal system?
Moses/The 10 Commandments, King Hammurabi, King Henry II, Greeks and Romans all influenced our laws.
What are some examples of how early laws have influenced our current laws?
Some of the 10 commandments have become legal, the others religious and morals/customs.
King Hammurabi introduced The Code of Laws, consisting of very harsh laws.
King Henry II from England, introduced courts and a system of trial by jury. He then replaced the trial by ordeal with- someone was innocent until proven guilty.
Greeks were the first society to introduce a form of democracy and to allow elected leaders to make the laws.
What is statute law?
Statute law is a government law that is made by politicians in both state and federal parliaments
What are the two main types of law?
Statute law- govn.-made law- common law -judge-made law-
What is common law?
Common Law is a judge-made law, based in court situations.
Explain the process taken to change a ‘bill’ into an act/law
The process to change the proposed ‘bill’ into an act/law is as follows:
Cabinet, First Reading, Second Reading, Committee Stage, Third Reading, and Passed to the other house (House of Representatives or the Senate) and discussed, any changes are made, then the two houses come to a compromise or an agreement. The bill is then signed by the Queen’s representative- governor general, and it then becomes an act of the Statute Government Law.
What are the four types of courts, in order from less to most serious?
Magistrates’ Court, District Court, Supreme Court and High Court.
What are the two types of common- judge made- law?
Criminal and Civil Law
Describe criminal law
When people break our laws and the police become involved, the criminal justice system kicks in.
Eg. steal a car or murder
Describe a committal hearing
A short hearing in the magistrates court to determine:
if there’s enough evidence to proceed
if bail or remand is required before the court case
What is bail?
Bail is when the criminal is left out of jail before their court case, but is released on conditions they must follow.
Eg. time check in to the police station, location barriers etc.
They are arrested if they break these bail terms.
What is remand?
When the criminal is kept in jail before the court case because it is too dangerous to release them back into the community.
What are the simple steps to changing a bill to an act/law?
cabinet, 1st reading, 2nd reading, committee stage, third reading, Governor General signs, act/law
Describe precedent
When a judge makes a decision in a ‘new’, different case, a new precedent is set.
This then becomes the new ‘judge-made law’ that other judges will have to refer to from then on.
How can Aborigines legally claim land?
If they can show a continuous link to the land and have proof of that occurring.
What are the 5 types of criminal law?
protecting people protecting property protecting the nation and legal system Protecting Public Standards Traffic Laws
