Legal Frame Work Flashcards
Australia is a representative democracy
What does this mean?
Eligible people vote for political candidates to carry out the business of the government.
Name 3 statements in the ‘Rule of Law’
No one is above the law
No one gets special treatment
The process should be open
The courts should be open and independent from the government
Innocent until proven guilty
What are Australia’s 3 levels of government?
Federal Government
State/territory Government
Local Councils
What is the purpose of the separation of power?
To divide power and responsibility between institutions, to avoid one group having all the power.
(Parliament, Executive, judiciary)
What is a statute law?
A law introduced by parliament
What is an Act of Parliament?
A law introduced by Parliament
What is a legislation?
A law introduced by Parliament
Why is a case law?
A decision/law made by a judge. Usually when a statute is unclear.
What is a common law?
A decision/law made by a judge. Usually when a statute is unclear.
In a conflict between common laws and statute laws, which must be followed?
Statute law
How is a statute law approved?
It is still introduced by a member of Parliament, voted in favour by majority of both parties, and approved.
Explain the hierarchy of the NSW court system:
1: High court of Australia
2: Courts of appeal
3: Supreme Court
4: District court
5: Magistrate (local, coroners, licensing, children’s)
What is the maximum penalty sentence a magistrate can give to an offender for any one offence?
Two years
Describe a summary offence:
An offence which is usually less serious. It can lead to a maximum sentence of two years. Usually dealt with in the magistrate.
(Indecent exposure, offensive conduct, drink driving, minor drug offences)
Describe indictable offences:
Serious offences which may be dealt with in the supreme and district courts in front of a judge and jury. Usually carry a maximum term more that two years.
( Murder, larceny, assault, fraud)
