Legal Flashcards
Australian Constitution
The set of rules by which Australia is run and it came into effect in January 1901.
Westminster System of Government
A parliamentary system of government that developed in Britain. One characteristic of the Westminster system that was adopted in Australia is the structure consist of the Queen who is the head of parliament and head of state and two houses (an upper house and a lower house).
Representative Democracy
In a representative democracy, citizens choose candidates to represent them in a parliament
Constitutional Monarchy
In a constitutional monarchy, the monarch does not have absolute power—they must follow the country’s constitution.
Federation of States
A federation is a group of states that have joined together to form a single country.
Concurrent powers
Powers that are shared between the Commonwealth Parliament and the state parliaments, meaning both the Commonwealth and the state parliaments can make laws in these areas.
Government
Government is formed by the party (or parties in coalition) that holds a majority in the lower house.
Prime Minister
The leader of government and the most powerful person in the Australian Parliament
Leader of the opposition
Member of parliament who leads the largest party, or coalition of parties, that is not in government.
Ministers
Ministers are members of the Australian Government who have been given an area of responsibility—a portfolio—for how Australia is run.
Shadow Ministers
Shadow ministers are members of the opposition, chosen by the Leader of the Opposition
Independents
An independent is a member of the Australian Parliament who does not belong to a political party.
Crossbench
The crossbench is made up of minority parties and independents (not the government and opposition).
Cabinet
Cabinet is the top-level decision-making group within the Australian Government.
Policy
a plan of action or a position taken by a political party
Bill
A proposed law that has not yet passed both houses of parliament.
Statute, Legislation or Act of Parliament
A law made by parliament. A bill which has passed both houses of parliament and has received royal assent.
Royal Assent
The formal signing and approval of a bill by the Crown’s representative (i.e. Governor-General) after which the bill becomes an Act of Parliament.
Jurisdiction
The power to hear certain types of cases is referred to as a court’s jurisdiction.
Common law
law developed through the courts. It is also known as judge-made law and case law.
Precedent
a legal principle developed by the courts
Criminal law
Defines a range of behaviours and conduct that are prohibited (i.e., crimes) and outlines sanctions (penalties) for people who commit them.
Civil law
Civil law is an area of law that defines the rights and responsibilities of individuals, groups and organisations in society and regulates private disputes.
Assault
The intentional or reckless use of force or threat of force against another person, without lawful excuse.
Negligence
A type of tort which involves a breach of a duty of care, causing harm or loss.
How many chapters and sections does the constitution have?
8 Chapters and 128 sections
What are the three levels of Government?
Federal, State and local
what makes up the commonwealth parliament?
Head of state (Monarch), Governor General, Senate and house of reps
How many seats does the senate have?
76
How many seats does the house of reps have?
151
What is the usual path of a bill?
First the executive government decides a policy, then drafts it and introduces it to parliament. Then the house of reps do 4 readings and then the bill is passed to the senate where the steps are repeated. Finally the governor grants royal ascent.
what is the court hierarchy?
1st high court
2nd supreme court
3rd county court
4th magistrates court
To prove assault the police must prove?
The accused applied force, the force was intentional and there was no lawful excuse
what are the defences for assault charges?
self defence, duress, automatism, lawful arrest and lawful correction of a child
who are involved in criminal law?
the state and the accused
Who are involved in civil law?
Plaintiff and defendant
Assumption of risk
Knowing what you are about to do is dangerous
Contributory negligence
The injured person shares responsibility for the accident that leads to their injuries
