Law Test Term 3 2019 Flashcards
What is a bill
A Bill is a draft law. It may be proposed by an MP or Minister.
What is a Statute
The law made by the Commonwealth,
State and Territory Parliaments
Which document outlines the law making powers of the Commonwealth Parliament?
Australian Constitution
What is the difference between common law and statute law?
Common law is made by the courts, whilst statute law is made by the parliments. Common law is also made by precedent from past cases to test for future trials, and statute law can add onto common law, whilst courts cannot change statue law.
Explain three steps in the law making process.
Most bills are introduced into the House of Representatives and then sent to the Senate. Bills may commence in the Senate, except for money and taxation bills. Most bills are introduced by government ministers; however, other members of parliament can introduce their own bills, known as private members’ or private senators’ bills. At the end, bills are given the Royal Assent and passed.
Describe the structure of the Victorian State Parliament.
State Parliament
Queen’s Representative
(Governor)
| |
v V
Lower House Upper House
(Legislative Assembly) (Legislative Council)
What is the balance of probabilities?
the balance of probabilities is the requisite standard of proof by which a trier of fact must determine the existence of contested facts.
What is the the criminal standard for evidence?
The criminal standard is proof beyond a reasonable doubt.
Accused/Defendant
The person against whom a criminal case is brought.
Barrister
A legal advocate who is briefed by a solicitor to present the defence or prosecution case in court.
Informant
In criminal cases, this is the police officer who charged the defendant.
Judge
The person who hears cases and makes decisions in the County Court and Supreme Court.
Plaintiff, complainant or applicant
The person who initiates the case in a non-criminal (civil) matter.
Prosecutor
The person who appears in court to present the case against the defendant in a criminal hearing.
Respondent
The person against whom a civil case is brought.
