Legal Foundations

Question 1

Characteristics of effective law

Answer 1

Laws must be:
clear
known
accepted
applied fairly

Question 2

Adversarial system of criminal justice

Answer 2

both parties in dispute
can put forward their own version of facts/evidence

Question 3

Passing of bills in Queensland

Answer 3

Bill introduced
House of representatives
Senate
Then governor general

Question 4

Division of powers

Answer 4

Exclusive
Residual
Concurrent

Question 5

Judiciary

Answer 5

Power to make judgements on hand and interpret the law

Question 6

Executive

Answer 6

Power to put law into action

Question 7

Legislative

Answer 7

Power to make and change law(parliament)

Question 8

Exclusive

Answer 8

powers given to the federal government by the constitution e.g. defence, immigration

Question 9

Residual

Answer 9

The legislative power remaining with the states.

Question 10

Concurrent

Answer 10

Powers under the constitution that may be exercised by both the commonwealth and the states.

Question 11

Queensland Criminal Code Act came into force in what year

Answer 11

1899

Question 12

The British Bill of Rights was introduced in what year?

Answer 12

1689

Question 13

The Habeas Corpus Act ensured anyone detained was entitled to a trial. In what year was it enacted?

Answer 13

1679

Question 14

Captain Phillip arrived in Australia & introduced English Laws in?

Answer 14

1788

Question 15

Key Criminal Laws are contained in what document in Queensland?

Answer 15

Criminal Code Act 1899

Question 16

Drug Offences are listed in the Drugs Misuse Act 1986 (QLD) – name the four offences related to drugs?

Answer 16

Possession
Producing
Supplying
Trafficking

Question 17

District court

Answer 17

Judge +jury, serious criminal case penalties less than 14 years imprisonment.
Civil matters between $150,000 and $750,000

Question 18

Bill

Answer 18

Law that has not passed parliament

Question 19

Committal hearing

Answer 19

type of hearing required for an indictable offence

Question 20

Offences that would appear the Magistrates Court?

Answer 20

Summary offences

Question 21

The Magna Carta has 4 distinct clauses that are still applicable today for just equitable outcomes; name the 4 clauses and what they provide and mean for today?

Answer 21

17: access to justice
20: punishment fits the crime
40: Due process, court process
45: qualified independent, judge is qualified and independent

Question 22

Purpose of law

Answer 22

To protect rights of individuals ensure there is good order, functioning, and survival of the sociey

Question 23

Statute Law

Answer 23

most common form of law, law passed by parliament and can cover any topic, takes precedent over common law

Question 24

Common Law

Answer 24

body of laws made through decisions of the courts, distinct from stature, occasionally called judge made law.

Question 25

Doctrine of Precedent

Answer 25

principle of common law requiring judges to follow the rulings of judges in higher courts on previous cases where the issues and facts were similar

Question 26

2 roles of court system

Answer 26

Place to resolve disputes Determine if someone has broken the law

Question 27

Customary law

Answer 27

Developed through practice and agreements. Takes in culture and background. based on worth of mouth and not written down

Question 28

How does law attempt to prevent and resolve conflict

Answer 28

1. Regulating actions and behaviours of all people in society. 2. provides avenues of redress via the courts in punishment and fines.