Brainscape's Knowledge GenomeTM

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


See full index

Politics And Law- year 11 > PAL FINAL EXAM > Flashcards

PAL FINAL EXAM Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

Define liberal democracy?

A

A political system in which democratically based institutions of government are constrained by liberal inspired constitutional arrangements, political practices and popular expectations

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

List features of a liberal democracy?

A
  • political representation
  • political participation
  • rule of law
  • independent judiciary
  • natural justice
  • equality of political rights
  • majority rule
  • political freedom
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

How is political representation upheld in Australia?

A
  • electoral system ( FPTP= preferential and proportional)
  • voting ( roach 2007 & Rowe 2010)
  • representation in HOR and Senate
  • senate reform 2016
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Issues with political representation in Australia?

A
  • malaportionment
  • Gerrymandering
  • preference whisperering and GTV
  • imbalance between society delegates eg. 50% women but only 29% in HOR and 39% in senate
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Principles of rule of law

A
  • everyone is equal under the law, everyone is subject to the law, government accountability, sop, can’t be retrospective and must be understandable
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

How is popular participation upheld in Australia?

A
  • Voting- max sufferage,
  • voter turnout rates/ compulsory voting
  • ability to stand for election
  • free media to discuss issues + implied right to political communication
  • pressure groups
  • political parties ( major, minor, micro, independent)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

How is an Independent judiciary upheld?

A
  • SOP
  • judges can’t be held accountable
  • parliamentary sovereignty
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Limits to popular/ political participation?

A
  • limits to suffrage
  • limits to ability to stand for election
  • some pressure groups are more powerful than others
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

issues with rule of law

A
  • not complete SOP

- Dietrich v queen

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

Issues with independent judiciary?

A
  • parliament can abrogate, codify or clarify ( parliamentary scrutiny)
  • mandatory sentencing
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

How is natural justice upheld?

A 
Adversarial trial procedure
Jury reform
Doctrine of precedent 
Miscarriages of justice
Statutory interpretation
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

List 2 non democratic systems and outline the structures of the systems

A

ABSOLUTE MONARCHY
All legal powers rest in the decisions of an unelected monarch who held office on the basis of hereditary entitlement. (Non-democratic) e.g London.

OLIGARCHY
Non-democratic political system where power is held by a few powerful elites within society. E.g South American.

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

Role of executive as outlined in constitution

A

Executive function is to initiate policy proposal for legislative debates within cabinets then introduced into parliament.

  • supervise administration of law passed by legislative -> ministers accountable
  • manage business of government -> cabinet meetings to discuss policy
  • GG gives royal assent

Consists of Queen represented by Governor General, PM and cabinet( Westminster convention)

  • CHAPTER 2 of the constitution
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Role of legislative as outlined in constitution?

A
  • Task of modifying and creating the law
  • they make statue law, delegated legislation. Parliament has sovereignty over all other parties.
  • consists of the parliament (HOR and senate) and queen represented by the Governor General

role outlined in CHAPTER 1

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

How is Australia a representative and responsible government?

A
  • executives must be supported by majority of parliament and be answerable to the people
  • if defeated in a vote of no confidence in lower house or election government must resign
  • accountable executives, free fair regular elections,
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Define seperation of powers?

A

The division of government executive, legislative and judicial powers into seperate arms or institutions that act separately and are independent of each other

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

How does Australia uphold SOP?

A
  • in Australia legislative arm has law making powers
  • executive includes the administration of laws and business of government. the party that hold majority in the lower House of Parliament forms the government (sometimes there’s overlap because some members of parliament are also ministers of government)
  • task of applying law, courts are independent of legislative and executive functions. Courts are not subject to political interference. Courts do however have ability to create common law, which legislative can abrogate
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is a responsible parliamentary government?

A

A system of gov derived from Westminster system principles in which

  • executives must be supported by majority of parliament and be answerable to the people
  • if defeated in a vote of no confidence in lower house or election government must resign
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Role of judiciary as outlined in constitution?

A

Role is to
- interpret and apply the law
- settle disputes
- uphold seperation of powers
- judiciary can resolve disputes between the federal and state governments
P
-consists of high court and other courts.

  • role is outlined in CHAPTER 3
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

List 3 cases to do which show how SOP allows checks and balances? Or doesn’t?

A

Mabo- recognition required the overruling of the common law doctrine of terra nullius. For this, the High Court has been criticised upon the basis that it thereby usurped a legislative function and so breached the separation of powers doctrine enshrined in the Australian Constitution.

Roach vs electoral commissioner- High Court held that the complete ban on prisoners voting was unconstitutional, as it was inconsistent with the principles of representative government. Abrogating legislation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Define parliament?

A

A representative body that has responsibilities which include initiation and passage of legislation. The federal parliament consists of the queen ( represented by the Governor General ), House of Representatives and senate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

4 Functions of parliament?

A
  • legislation: to make laws. The HOR Makes
    And the senate reviews, as they must be passed by both houses
  • representation: to act on behalf of voters and citizens. The electoral system ensures the HOR represents the interests of majority of voters. Senate ensures that the states interests are equally represented.
  • scrutiny: to examine the government in HOR legislation Is debated& Ministers questioned during question Time. Senate is responsible for supervising administrative laws, presenting conflicting views in open debate and disseminating information
  • formation of government: government consists of members of the majority Party that wins. Prime minister selects members of majority party to be appointed as ministers of state, senior ministers are selected to be members of cabinet
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Role of House of Representatives

A

Representative function- determining the will of the people + determining government through Westminster convention ( majority seats in house with party leader becomes prime minister)
- scrutinising legislation and having debates regarding bills

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Role of the senate?

A
  • 12 from each state 2 from territories
  • representative role : reader diversity of opinion
  • leg must pass through senate by Royale assent
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Define exclusive powers

A

Powers set out in the constitution about which only the commonwealth government can make laws.

Eg. Power to collect customs and exercise duties(s90)
Laws about the operation of the federal public service (s52)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Define residual powers

A

Areas of law making authority not granted to the commonwealth alone, or jointly with the states , by the constitution. The power to make laws In these areas remained under the sole authority of the states.

Eg.law regarding public provision of education and health services, policing and criminal law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Define concurrent powers

A

A power that can be exercised by both the commonwealth and the states. They are set out in s51 of the Australian constitution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Define federalism

A

A system of government in which sovereignty is constitutionally divided between a central governing authority and states or provinces

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Define federation?

A

The creating of a nation by uniting previously seperate states each of which retains some powers of government but also creeds some powers to a national government

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

Arguments for federalism?

A
  • nationalism
  • common goals ( transport, defence)
  • external threats ( Germany, Russia)
  • white Australian policy (‘Chinese threat’)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

Arguments against federalism?

A
  • different cultural traditions ( free v convict)
  • physical distance
  • rivalries ( vic and nsw)
  • each colonies had its own policies
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

Features of Westminster government?

A

Constitutional monarchy- head of state is a hereditary monarch who acts on the advice of parliament
Parliamentary government- ultimate law making authority held by government
Bicameral parliament- British parliament has 2 houses: House of Lords (upper unelected house which examines legislation and reviews decisions) and House of Commons ( lower elected house who pass laws)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

Features adopted from Westminster system of government in Australia?

A

Bicameral parliament: 2 houses. senate is considered house of review, we don’t have a House of Lords though so Aus looked to US for upper house.

  • constitutional monarchy:Governor General has power to remove pm
  • representative government + responsible government
  • common law provided basis for constitutional arrangements ( parliamentary democracy, judicial independence and freedom from arbitrary arrest)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

Features of USA system adopted by Australia?

A
  • Dual federalism which divides power between federal and state government
  • separation of powers: nature of federalism requires judicial arms to be able to determine boundaries of power
  • dual federalism allows for legislation on matters of national importance
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

How is Australia considered a ‘washminster’ system?

A

The Commonwealth constitution is sometimes called a Washminster system because it combines elements of the Washington (US) and Westminster (UK) systems of government.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

North Korea vs Australia

In regards to operating principles of liberal democracy

A

NK- communist state + dictatorship

No Political freedom- one main party, no pluralism, too much political pressure, censorship + threat of execution

Political participation- elections not fair, no secret ballot, extreme pressure, no one can simply form their own party like in Aus

Equality of political rights- ‘one vote, one value’, votes only valued if they vote for KWP

majority rule- concept to govern not based on maj. will instead nepotism.

Accountable government- not everyone subject to law, SPA granted immunity from arrest, judiciary accountable to leader no SOP. leader can do whatever he wants

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

North Korea rule by law political and legal system explained

A

Legislative ( supreme people’s assembly)

  • article 88 states legislative power
  • do not criticise, reject or Amend bills
  • members granted inviolability and immunity from arrest

Executive ( president/ Vice President / CPC)

  • no constitutional ability to remove president or limit his term in power
  • president is head of CPC, members elected by SPA

judiciary ( courts and judges)

  • legal education is not required
  • main focus is political indoctrination
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

What are the functions of law?

A
  • promote and represent values of community
  • provide structure for creation, enforcement and alteration of the law in accordance with the wishes of society
  • regulate and control basic activities of humans in a society
  • to provide a clear statement of behaviour considered acceptable in a community
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

Characteristics of effective law?

A
  • Is represented and acknowledged by the community
  • applies universally though any arbitrary discrimination against or in favour of particular social groups or individuals
  • has degree of flexibility to be able to cover various situations
  • complements their laws on related issues
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

Define rule of law? And elements?

A

Rule of law is a concept which envisages that

  • the law applies to everyone
  • everyone is equal under the law
  • law should express the will of the people
  • there should be an effective way of holding government accountable
  • and that the law should be clear, understandable and not retrospective
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

How is ROL upheld in Australia?

A

Isbester v Knox city council= presumption of innocence upheld.

Dietrich= equal under law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

What is rule by law?

A

A system where Legal disputes between individuals are settled according to a consistent code but political leaders are not bound by the same laws

Eg. NK

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

Define statute law?

A

A leaf ally enforceable legislative act that has passed all stages of parliament, has received royal assent and been proclaimed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

What is delegated legislation?

A

Statutes that allow executive to authorises the public service or other lawful authorities to create legally binding regulations or determine by laws

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

Advantages of delegated legislation?

A
  • allow groups to take care of ‘minor’ issues leaving parliament to consider issues of public policy
  • experts working on specialised areas such as water corporation and road safety
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

Disadvantages of delegated legislation?

A
  • Quantity of regulations created makes it harder for citizens to know the law
  • creates complexities for courts as it has lead to development of the whole area of administrative law as a part of statutory interpretation
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
46
Q

What are some sources of legislative ideas?

A
  • government party policy
  • pressure group activity
  • public opinion and review by reform groups
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
47
Q

5 important principles about the role of parliament as a law making institution?

A
  • parliament is one of 2 law making institutions in our society
  • law made by parliament is known as statutes, law made by courts is common law
  • parliament has supreme law making authority. Law made by parliament overrides law made by courts
  • once enacted parliament law remains in effect unless it is repealed or amended (altered)
  • state parliaments can only make law on things which thy have constitutional authority to
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
48
Q

Process of law making?

A
  1. Initiation: proposed bill issued on notice board
  2. First reading: member presents bill
  3. Second reading: details of bill, intention of bill
  4. Consideration in detail: amendments proposed, debated and voted on. Content of bill finalised
  5. third reading: whole bill put into vote, may or may not be debate
  6. Presentation to other houses: bill passed in HOR goes to senate and steps are followed again
  7. First reading
  8. Second reading: if senate makes amendments, must return to HOR
  9. Third reading
  10. Royal assent: given to bill and signed by GG and becomes an act of parliament
  11. Proclamation: date becomes law, upon proclamation act is enforceable as law
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
49
Q

Compare law making roles of parliament and courts?

A

…

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
50
Q

Outline court hierarchy

A 
High court (original jurisdiction).   
⬇️.    
Supreme
⬇️
District
⬇️
Magistrate

ALSO

appellate jurisdiction

Federal and family court (same lvl as supreme)
⬇️
Federal magistrate (same lvl as magistrates)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
51
Q

What is original jurisdiction?

A

The disputes that a court heard on first presentation ‘court of first instance’

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
52
Q

What is apellate jurisdiction?

A

The authority of a higher court the hear appeals from lower courts

53
Q

What is criminal law?

A

Deals with actions regarded as antisocial in a community

54
Q

What is civil law?

A

Deals with disputes between 2 or more Individuals

55
Q

Civil original jurisdictions of courts?

A

Magistrates
- claims up to 75,000

Supreme
- claims up to 750,000

District
- claims up to 750,000 unless relating to personal injury

56
Q

Criminal original jurisdictions of courts?

A

Magistrates
- simple offences, minor crimes

Supreme
- very serious crimes like murder, armed robberies

District
- serious offences for which maximum penalty is 20 years imprisonment

57
Q

Why does court hierarchy exist?

A
  • provides structure that can allocate cases between courts according to legal basis, complexity, seriousness and amount claimed
  • ensures greater consistency in judgements because lower courts must follow binding precedents of higher courts
  • provides right to appeal against court decisions
58
Q

2 categories of criminal offences and examples of each?

A

Indictable-murder, robbery, rape

Summary-careless driving, drink driving and unlicensed driving

59
Q

Define common Law?

A

Law that is based on previous judgements of courts.

60
Q

What is doctrine of precedent?

A

The principle that the lower courts are bound by the lea gal principles that are created by the decisions of the higher courts.

61
Q

What is stare decisis?

A

To stand by what is decided. Lower courts stand by the decisions made by higher courts.

62
Q

What is ratio decidendi?

A

A judges reason for deciding. The core principle underlying court judgement in common law.

63
Q

What is obits dicta?

A

A statement made ‘by the way’. It refers to the comments made by the judge.

64
Q

What is Persuasive precedent?

A

A common law precedent that may be used by a court in making judgement but is not binding. Sources of this precedent include courts at equal or lower level in the same hierarchy or different hierachy

65
Q

What is binding precedent?

A

A decision of a higher court that must be followed by a lower court in the same jurisdiction

66
Q

4 methods judges can use to create/ avoid/ change a precedent + examples are good :)

A

Reversing-Where a higher court hears a case on appeal and decides that the lower court which had heard the case had wrongly decided the case, it will reverse the decision. ( the chip,slip and the trip to court case)

Overrule- when a higher court decision in a similar but subsequent case departs from a lower courts judgement on the basis that the lower case wrongly decided the original case

Disapproving - Where a judge in a court refuses to follow an earlier decision of another judge at the same level, they are said to have disapproved the decision

Distinguishing- Courts are bound only by the decisions of higher courts in similar cases. Where the facts of a case are suf ciently different from a previous case, the decision in the previous case will not be considered binding.

67
Q

How was common law made in donohue v Stevenson?

A

…

68
Q

How was common law made in grant v Australian knitting mills

A

…

69
Q

How was common law made in hedley Bryce v heller?

A

…

70
Q

What is the neighbour principle?

A

The neighbour principle says that the defendant ought to have their ‘neighbour’ in mind when taking action under their duty of care. A neighbor is anyone who might be affected through loss or injury by the actions of another

71
Q

Advantages of common law?

A
  • immediate response when case arises, common law is ‘expos factos’
  • can determine say to day application of law, justice achieved in individual cases interpreting law while relating to facts of case
  • flexibility for law to adapt to changing needs of society
72
Q

Disadvantages of common law?

A
  • case must come before the courts, even then law making power is restricted and limited to novel cases, developing… and unclear statute law.
  • decision in a case only affects directly affected parties, not as widely reaching as statute law
  • time consuming process
73
Q

Define statutory interpretation?

A

The role of the courts to apply the law to resolve disputes as well as common law to resolve a case, courts may also need to apply statutes or acts of parliament

74
Q

Why is statutory interpretation needed!

A

Ambiguity in law, broad terms in statute which courts need to interpret if they apply to the case before them, drafting problems, inconsistencies and contradictions

75
Q

Three methods of statutory interpretation?

A

Golden- used when literal rule would result in an inconsistent or illogical outcome or when literal rule is inconsistent with the purpose of the act

Literal/ plain meaning- interpretation of words in an act as written in their literal sense

Purpose/ mischief- allows judges to refer to general purpose of legislation to find the mischief that the act set out to prevent

Examples are goooodd

76
Q

What is ejusdem generis?

A

’ of the same kind’- refers to the words that can be grouped together and labeled under a general term. It allows judges to access if a new situation before them fits into the common class of the act

77
Q

What is noscitur a socii?

A

Means that the meaning of an unclear word or phrase can be gained from its context

78
Q

Define parliamentary sovereignty?

A

Concept that parliament has absolute sovereignty and supreme authority

79
Q

Define franchise?

A

A franchise is the right to vote

80
Q

Define compulsory voting and enrolment?

A

The requirement that all individuals with legal right to vote must register for the electoral roll and attend a polling station to vote. Failure to vote without good cause usually incurs a fine.

81
Q

Explain and define concept of natural justice?

A

Natural justice is a form of justice concerned with fairness In the legal system. It ensures that the individual has access to due process, is able to argue their case before an unbiased judge and knows and acknowledges all allegations made against them. Everyone is entitled to a fair hearing

82
Q

Functions of election?

A
  • to provide a peaceful means of political change
  • provide political legitimacy,
  • create accountability to the people
  • provide a basis for the duty of citizens to uphold the rule of law.
83
Q

How does Australia provide for fair elections?

A
  • free media/ no censorship
  • full adult sufferage, compulsory voting
  • requirements to run, open to most citizens
  • participation is easily accessible
  • AEC is a statutory authority, runs and counts elections independently.

BUT

  • some moneys have more power and money :(
  • prisoner disenfranchised
  • compulsory voting can impact validity of elections and electoral outcome
84
Q

Define negligence?

A

Where an act or failure to act by a person causes damage to another person or to their property

85
Q

3 elements to prove negligence

A

duty of care + breach or duty of care + loss of injury ( reasonably foreseeable/ not too remote) = negligence

86
Q

What happened in donoghue v Stevenson (refer to neighbor principle)

A

The neighbour principle says that the defendant ought to have their ‘neighbour’ in mind when taking action under their duty of care. A neighbor is anyone who might be affected through loss or injury by the actions of another

87
Q

Some changes to elections since 1901, and impact on election fairness in Australia?

A
  • compulsory enrolment introduced (1911)
  • commonwealth electoral act of 1918 introduced preferential voting for federal elections
  • compulsory voting (1924)
  • indigenous Australians right to vote (1962)
  • age of enrolment lowered to 18 (1973)
88
Q

Outline preferential voting?

A
  • single member electorates
  • voters mark the ballot in order of preference 1 being most preferred
  • winner is candidate who receives an absolute majority (50% +1)
  • votes are counted in order of preference, if no candidate reaches an absolute majority first then the bottom candidate is removed and their second preferences redistributed. This is repeated until somebody has absolute majority
89
Q

Outline proportional voting?

A
  • multimember electorate
  • require a proportion of the votes to get elected.
  • two voting options 1. ATL and 2. BTL
  1. Voter places a number in one box only and the party then chooses preferences according to group ticket
  2. Voter numbers (preferentially) all of the boxes below the line
    …

Candidates require a proportion of the vote to get elected (quota)
(No. of formal votes per region/ no. Of MLC per region +1)+1

surplus votes are distributed via single transferable vote
(no. Of surplus votes/ total no of votes the candidates receive.)

90
Q

Relationship between statute law and common law?

A
  • unclear statute require statutory interpretation (3 rules)
  • interpretation of act creates prevent= common law (studded belt case)
    = if parliament doesn’t like interpretation it can legislate, abrogate or codify decisions if it doesn’t like outcome.
    Negligence and Mabo were both codifies
  • parliamentary sovereignty excluding constitutional cases
91
Q

Define fair election?

A

Means that elections offer equal opportunities for all competing parties and candidates. Such equality requires the ability for political parties and candidates to register for office without unreasonable requirements, balanced access to media for all candidates. The absence of campaign financial abuse and independent electoral process

92
Q

How is a senator elected into the senate?

A
  • proportional voting
  • 1/2 reelected every 3 years
  • post 2016 federal elections no longer involves group tickets. savings provisions now allow voters who allocate at least one vote above the line to have their ballot paper count as formal and the preferences counted, vote wastage is avoided through this.
93
Q

How is a candidate elected into the HOR?

A
  • preferential voting
  • if a candidate receives absolute majority (50%+1) they are elected
  • If no one receives absolute majority least preferred candidate is removed and their vote is transferred to their second preference
94
Q

Explain the changes of the 2016 senate reform?

A

1) The abolishing of group voting tickets by replacing above the line voting with a system where voters have the option to allocate up to six parties or groups.
2) The removal of the ability for an person to be a registered officer of more than one political party at the same time.
3) The allowing for political party logos to be printed on ballot papers.

95
Q

Define electorate?

A

Geographical area that is represented by a member of parliament

96
Q

Define Gerrymandering?

A

The deliberate manipulation of electoral boundaries to gain electoral advantage

97
Q

Define malapportionment?

A

The drawing of electoral boundaries to allow a large variation in the number of constituents in different electorates

98
Q

Define mirror representation?

A

Representative government that constitutes a microcosm of the larger society, containing members from all groups and sections in society proportionally ( social class, gender, religion etc)

99
Q

Define partisan representation?

A

Based on idea that in winning election party gains a popular mandate that authorises it to carry out whatever policies or programmes it outlined during an elections

100
Q

Define delegate representation?

A

A delegate is a person who is chosen to act for another on the basis of clear guidance or instructions, they are expected to act as a conduit conveying views of others with little or no capacity to exercise their own judgement or preferences

101
Q

Define trustee representation?

A

A trustee is a person vested with responsibility for another’s property or affairs. They can think for themselves and exercise independent judgement

102
Q

Advantages and disadvantages of mirror representation?

A

Advantages- more participation, government can identify with societal issues more

Disadvantages- exclusive and narrow to believe that only women can represent women ect. And it would create social division and conflict

103
Q

Advantages and disadvantages of partisan representation?

A

Advantages- provides justification for party unity and discipline, keeps party’s to their word

Disadvantages- suggests that voters select parties on basis of policies and doesn’t take into consideration other influences (media),

104
Q

Advantages and disadvantages of delegate representation?

A

Advantages- provides broader opportunity for political participation and prevents possibility of self serving politicians

Disadvantages- creates narrowness of visions, fosters conflict and limits scope of leadership as they cannot exercise independent judgement

105
Q

Advantages and disadvantages of trustee representation?

A

Advantages- trust between leaders and constituents

Disadvantages- if people are not educated enough to make political decisions then are they educated enough to cast a rational vote

106
Q

Define political party

A

An organised group that seeks to achieve representation in parliament and exert influence or control over machinery of government

107
Q

Define pressure group?

A

An organised group of people who share common interests attitudes or beliefs and take deliberate action that is aimed at influencing public policy, either to achieve some change in policy or administration or support the status quo and prevent change.

108
Q

Define independent?

A

A parliamentarian who is not a member of a political party

109
Q

How do political parties and pressure groups support popular participation?

A 
Political parties:
- campaigning
- voting
- nominate for elections
- how to vote cards
determining grop ticket

Pressure groups:

  • allowing people to have a platform
  • everyone can join
  • allows people to access
  • enables eveyone to have their say make the difference
110
Q

Difference between criminal disputes and civil disputes?

A

Civil law disputes deal with disputes between 2 or more Individuals whereas criminal deal with acts regarded as antisocial or dangerous to the community as a whole

111
Q

Aim of the civil pre trial process, and extent to which it is successful at achieving them?

A

…

112
Q

Civil pre trial process?

A

Pre trial
- Pleadings documents
- Further and better particulars
Certificate of readiness for trial

113
Q

Civil trial process?

A 
Trial
-Opening Statements (P then D)
- Examination-in-Chief
- Cross Examination
- Re-examination 
[Repeat]
Closing Statement
114
Q

Civil post trial process?

A

Post trial

  • Sentancing / Verdict
  • Judges decision is handed down, and any punishment the judge sees fit is applied
115
Q

Types of remedies?

A

…

116
Q

Types of damages?

A

…

117
Q

Strengths of civil trial process?

A

…

118
Q

Weaknesses of civil trial process?

A

…

119
Q

Outline criminal pre trial process?

A

…

120
Q

Outline criminal trial process?

A

…

121
Q

Outline criminal post trial process?

A

…

122
Q

Problems with criminal trial process?

A

…

123
Q

4 features of adversarial trial law?

A

…

124
Q

Advantages of adversarial system?

A

…

125
Q

Disadvantages of adversarial system?

A

…

126
Q

Explain jury reform and how it has made the system more effective?

A

…

127
Q

Advantages of jury system?

A

…

128
Q

Disadvantages of jury trial system?

A

…

129
Q

Explain USA electoral system?

A

…

Politics And Law- year 11 (6 decks)

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