Organisation of Law

Question 1

How does state decide which rules to recognise?

Answer 1

1. enforce rules originating as non-legal rules e.g. face masks
2. new rules in response to perceived need for regulation e.g. privacy

Question 2

Source of legal rules?

Answer 2

Legislation & Courts

Question 3

What does public law include?

Answer 3

1. Constitutional law (organisations, powers and processes of government)
2. Administrative law (govern process of official decision-making)
3. Criminal law (punishes conduct harmful to society)

Question 4

What does private law include?

Answer 4

1. Civil law (private legal rights between individuals)
   Incl. tort, contract, agency, consumer protections, corporations and property law.
   Specialist categories of law - Business law!

Question 5

What is natural law?

Answer 5

Rules of conduct that accord with our realised experiences. e.g. responsibility of parents

Question 6

What is moral and religious law?

Answer 6

Rules of conduct derived from belief systems etc. Dietary rules

Question 7

What are customs?

Answer 7

Rules of conduct established by long usage or obeyed due to peer pressure. Rituals associated with marriage ceremonies.

Question 8

What is national law?

Answer 8

Rules of conduct that government recognises and enforces as law. Many originate as customary, moral or natural laws and become part of national law.

Question 9

Define categories of law.

Answer 9

Way of grouping together particular laws considered to be related usually because they refer to same type of concept.

Question 10

Define legal concepts.

Answer 10

Ideas that determine the scope and nature of a particular category of law.

Question 11

Define legal principles.

Answer 11

Broad precepts that recognise and give effect to particular point of view, value or policy.

Question 12

Define legal rules.

Answer 12

Provide detailed mechanisms by which legal principles are given effect.

Question 13

Define legal meanings.

Answer 13

Refer to particular meanings or significance that words or phrases have in law.

Question 14

Define legal authorities.

Answer 14

Sources of particular legal principles, rules or meanings. e.g. court of act of parliament.

Question 15

Where is the constitution of Cth contained in? How does it change?

Answer 15

Contained in British Cth of Aus Constitution Act 1900. To change requires majority vote in national referendum.

Question 16

Do state governments have own constitution? How does it change?

Answer 16

Yes by power granted to them from UK parliament. Relevant government can change state constitution without need for special referendum.

Question 17

Constitutional arrangements of territories?

Answer 17

Self-governing territories are ACT and NT.

Question 18

What does it mean by constitutional monarchy?

Answer 18

• head of the Commonwealth of Australia, is not democratically elected but is a hereditary monarch - Queen Elizabeth II
• governs according to rules established by Constitution
• self-governing territories do not have CM, headed by administrator appointed by Cth govern.

Question 19

What are local governments?

Answer 19

Responsible for region in a state exist in councils. Established under state legislation.
Limited power to make laws known as local laws or by laws.
Made up of elected councillors.

Question 20

What are the organs of government in Aus?

Answer 20

Head of State - Crown
The Executive, Legislature, Courts
Civil Service, Statutory Officers and Boards
Local Governments
Political Parties

Question 21

What are the roles of the Crown?

Answer 21

Federal level - Queens rep is called Governor-General
State level - Governor
1. executive powers incl. appoint people to offices and sign treaties
2. legislative powers incl. royal assent
3. commission the judges appointed by governments of the day to preside over courts.

Question 22

What is the executive?

Answer 22

Consists of Crown, chief minister (PM @ federal and premier @ state) and others.
Chief minister + senior ministers form ‘cabinet’.
Statutory bodies or offices can be created to perform tasks.
Ministers may be given power to make legal regulations - delegated legislation.

Question 23

What is the legislature?

Answer 23

Body with authority to make law. Cth, each state (parliaments) and territory has its own legislature.
Persons who make up legislatures are elected by winning the majority vote. (representative democracy).
When they enact law, referred to as legislation or act.

Question 24

Explain the High court.

Answer 24

Highest. 7 judges appointed by governor-general on advice of PM. One judge is Chief justice.
The judges on case referred to as ‘the bench’.

Question 25

Explain superior courts.

Answer 25

Cth Superior Court - Federal Court. Special Federal Superior Court - Family Court. State Superior Courts - Supreme Courts. Court of Appeal - 3/5 judges referred to as 'Full court of the Federal Court.' and for states as 'Court of Appeal', 'Full Court of Supreme Court' or 'Court of Criminal Appeal'.

Question 26

Explain inferior intermediate courts.

Answer 26

Federal - Federal Circuit Court. Involves family law, administrative law, bankruptcy, consumer law, privacy, and migration etc. State - County or district courts. (amount < $200,000 though varies between states. Limited power to hear appeals from the decisions of lower courts such as magistrates' courts. The territories do not have intermediate courts.)

Question 27

Explain inferior lower courts.

Answer 27

Found in the states and self-governing territories. ‘Magistrates’’ or ‘Local’ courts or ‘Courts of Petty Sessions’. Magistrates and Justices of the Peace are not judges but are judicial officers of a lower rank than judges. Appointed by the various state governments. Have restricted powers. Under state law, they hear particular kinds of disputes, or disputes that involve a limited amount of money (typically $40,000–$60,000, depending on the particular jurisdiction). Magistrates’ courts do not have the power to hear appeals.

Question 28

What is a public service?

Answer 28

Organised into departments with specified areas of responsibility, such as the federal Department of Health; Education. They are responsible for administering legislation, implementing government policies and managing finances. They also provide advice to government ministers. Public services are large organisations and an essential part of effective government

Question 29

What are statutory officers?

Answer 29

Persons who have been appointed to an office, created by legislation, with specified responsibilities. e.g. the Auditor General (responsible for the management of government finances and resources); the Electoral Commissioner (responsible for the conduct of voting in elections and referenda); and the Ombudsman (responsible for investigating the actions of public authorities).

Question 30

What are statutory bodies?

Answer 30

Organisations, created by legislation, consisting of persons appointed to their positions by government. Statutory boards can be responsible for ensuring compliance with particular legislation, for coordinating activities and planning, or providing advice. e.g. Australian Broadcasting Corporations (ABC); the Australian Accounting Standards Board; and the Australian Competition Tribunal

Question 31

What are political parties?

Answer 31

The majority of seats in the lower House of a parliament is the party that forms the government of the day. Its voting majority in parliament enables it to control the legislative process and, by enacting laws, to give effect to its policies. The political party with the second largest number of seats in the lower House is known as the opposition. If no political party has enough seats in the lower House of parliament to form a majority in its own right, two or more political parties may join forces in a ‘coalition’ government. An example of this is the current coalition between the Liberal Party of Australia and the National Party of Australia.

Question 32

Outline the structure of parliament.

Answer 32

Federal Parliament - Governor-General, Senate and House of Representatives. State - Governor, Legislative Council + Assembly Territory - Administrator, only Legislative Assembly.