Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Commerce > Legal > Flashcards

Legal Flashcards

1
Q

Australian Constitution

A

The set of rules by which Australia is run and it came into effect in January 1901.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Westminster System of Government

A

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).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Representative Democracy

A

In a representative democracy, citizens choose candidates to represent them in a parliament

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Constitutional Monarchy

A

In a constitutional monarchy, the monarch does not have absolute power—they must follow the country’s constitution.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Federation of States

A

A federation is a group of states that have joined together to form a single country.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Concurrent powers

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Government

A

Government is formed by the party (or parties in coalition) that holds a majority in the lower house.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Prime Minister

A

The leader of government and the most powerful person in the Australian Parliament

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Leader of the opposition

A

Member of parliament who leads the largest party, or coalition of parties, that is not in government.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Ministers

A

Ministers are members of the Australian Government who have been given an area of responsibility—a portfolio—for how Australia is run.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Shadow Ministers

A

Shadow ministers are members of the opposition, chosen by the Leader of the Opposition

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Independents

A

An independent is a member of the Australian Parliament who does not belong to a political party.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Crossbench

A

The crossbench is made up of minority parties and independents (not the government and opposition).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Cabinet

A

Cabinet is the top-level decision-making group within the Australian Government.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Policy

A

a plan of action or a position taken by a political party

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Bill

A

A proposed law that has not yet passed both houses of parliament.

17
Q

Statute, Legislation or Act of Parliament

A

A law made by parliament. A bill which has passed both houses of parliament and has received royal assent.

18
Q

Royal Assent

A

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.

19
Q

Jurisdiction

A

The power to hear certain types of cases is referred to as a court’s jurisdiction.

20
Q

Common law

A

law developed through the courts. It is also known as judge-made law and case law.

21
Q

Precedent

A

a legal principle developed by the courts

22
Q

Criminal law

A

Defines a range of behaviours and conduct that are prohibited (i.e., crimes) and outlines sanctions (penalties) for people who commit them.

23
Q

Civil law

A

Civil law is an area of law that defines the rights and responsibilities of individuals, groups and organisations in society and regulates private disputes.

24
Q

Assault

A

The intentional or reckless use of force or threat of force against another person, without lawful excuse.

25
Q

Negligence

A

A type of tort which involves a breach of a duty of care, causing harm or loss.

26
Q

How many chapters and sections does the constitution have?

A

8 Chapters and 128 sections

27
Q

What are the three levels of Government?

A

Federal, State and local

28
Q

what makes up the commonwealth parliament?

A

Head of state (Monarch), Governor General, Senate and house of reps

29
Q

How many seats does the senate have?

A

76

30
Q

How many seats does the house of reps have?

A

151

31
Q

What is the usual path of a bill?

A

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.

32
Q

what is the court hierarchy?

A

1st high court
2nd supreme court
3rd county court
4th magistrates court

33
Q

To prove assault the police must prove?

A

The accused applied force, the force was intentional and there was no lawful excuse

34
Q

what are the defences for assault charges?

A

self defence, duress, automatism, lawful arrest and lawful correction of a child

35
Q

who are involved in criminal law?

A

the state and the accused

36
Q

Who are involved in civil law?

A

Plaintiff and defendant

37
Q

Assumption of risk

A

Knowing what you are about to do is dangerous

38
Q

Contributory negligence

A

The injured person shares responsibility for the accident that leads to their injuries

Commerce (3 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions