Legal Foundations

Question 1

Social Cohesion

Answer 1

The ability of a community to live together in a peaceful, orderly and harmonious manner by recognising that all people have rights and responsibilities.

Question 2

Laws

Answer 2

Legal rules that everyone in society must follow made by parliament, subordinate authorities or the courts.

Question 3

Rules

Answer 3

Non-legal guidelines which apply to a specific group of people made by non legal institutions or bodies.

Question 4

Customs

Answer 4

Socially acceptable habits that have become common practice made by society

Question 5

Characteristics of an effective law

Answer 5

Known, enforceable, reflect society’s values, stable and clear and understood.

Question 6

Fairness

Answer 6

Impartial and just treatment or behaviour without favouritism or discrimination.

Question 7

Equality

Answer 7

The state of being equal, especially in status, rights or opportunities.

Question 8

Access

Answer 8

The means or opportunity to access the legal system.

Question 9

Three levels of government

Answer 9

1. Commonwealth (Federal) Parliament
2. 6 state and 2 territory parliaments
3. Over 500 local councils

Question 10

Parliament/ Legislative power

Answer 10

makes and amends the law

Question 11

Executive/ Executive power

Answer 11

PM and ministers put the law into action

Question 12

Judiciary/ Judicial power

Answer 12

Courts interpret and make judgements about the law

Question 13

Governor general (King’s representative)

Answer 13

• Gives royal assent to laws made by houses of parliament
• Commissions the PM, appoints minister and assistant ministers and swears-in other statutory positions.

Question 14

House of Representatives (Lower/green house)

Answer 14

• 151 members representing 151 electorates
• aim: ensure that electoral divisions within each state or territory approx. an equal number of electors (voters)
• role: introduce bills, reviews bills passed by upper house, hold government, represent majority interests

Question 15

Senate (Upper/red house)

Answer 15

• 76 senators (12 for each state and 2 for each territory)
• aim: ensure that each state/territory has equal representation, regardless of population
• role: review bills introduced by lower house.

Question 16

Exclusive powers

Answer 16

the constitution gives the commonwealth exclusive powers (written in constitution) in some areas e.g. defence, currency

Question 17

Concurrent powers

Answer 17

shared between the Commonwealth and the states (written in constitution) e.g. taxation

Question 18

Residual powers

Answer 18

Powers not addressed in the constitution: these rest within the states e.g. crime

Question 19

Legislative Council (Upper house)

Answer 19

• 40 members
• designed to ensure that rural and metro areas are given equal representation (based on area not population)

Question 20

Legislative Assembly (Lower house)

Answer 20

• 88 members
• electorates divided based on population

Question 21

Functions of Parliament

Answer 21

• legislation (making laws)
• representation (acting on behalf of voters and citizens)
• scrutiny (examining the government)
• formation of government

Question 22

Bill

Answer 22

A proposal for a new law that is introduced to parliament.

Question 23

Reasons for court hierarchy (PASTA)

Answer 23

• Precedent
• Appeals
• Specialisation
• Time and money
• Administrative Convenience

Question 24

Precedent

Answer 24

A legal principle that has been established by judges when ruling over a case.

Question 25

Appeal

Answer 25

The process whereby decisions can be reviewed by a higher court, should a party not be satisfied with the outcome of a case.

Question 26

Administrative connivence

Answer 26

ensured as administration can be dealt with more effectively when courts are ranked and hear cases of a similar nature

Question 27

Jurisdiction

Answer 27

power of authority of a court to hear and determine specific cases

Question 28

Original Jurisdiction

Answer 28

refers to the power of a court to hear a case in the first instance

Question 29

Appellate jurisdiction

Answer 29

refers to the power of a court to hear a case for the second time on appeal.

Question 30

LEGISLATION

Answer 30

1.Crimes Act 1958
2. Summary Offences Act 1966
3. Sentencing Act 1991
4. Children, Youth and Families Act 2005
5. Limitation of Actions Act 1958
6. Wrongs Act 1958
7. Defamation Act 2005