SAC preparation Flashcards
Memory Test!
Law made by Parliament
Statute Law (Or Legislation)
Parliament
The supreme law-making body
What is Commonwealth Parliament made up of
Governer-General (David Hurley), Crowns rep, Lower house 151 (House of rep) Upper house (Senate) 76
Commonwealth purpose
Makes laws for the whole of Australia
Local council purpose
Makes laws on local town, or city matters.
Government definition
Party of majority of seats in the lower house
Australian Constitution
The rulebook that governs the nation.
Structure of the Commonwealth Parliament (Has governer-GENERAL)
(Governor-General, David Hurley AC) (Crown’s Representative) House of reps (Lower, 151 seats) Senate (Upper, 76 seats)
Whoever gains most seats in lower house..
-forms government!
Leader of Labor party.. Prime Minister..
Anthony Albanese
Structure of the State Parliament
Governor (Margaret Elaine Gardner) (Crown’s rep) Legislative ASSEMBLY (Lower, 88 reps) Legislative COUNCIL (Upper, 40 members)
Bicameral structure
2 houses including Upper and Lower house.
Bill Definition
A proposed law. To become one.
Coalition
Joining of two or more political parties. (Alliance)
State Structure, Lower and Upper, A and C
Legislative ASSEMBLY and Legislative COUNCIL
Governor:
The Kings rep, at state level
Parliament is responsible for.. laws, whereas Government..
Parliament MAKES laws, Government proposes them.
Role of Courts in law-making
To settle disputes.
Determine cases.
Precedent:
Legal principle (Should be a guide.)
Social Cohesion
The willingness of members of a society to cooperate with each other in order to survive and prosper.
Parliaments role is to [ ] law. Role of courts is to [ ] law
Parliament MAKES laws, Role of courts APPLIES law.
Parliament cannot..
judge if a law has been broken.
Civil law vs Criminal law.
Civil law: to compensate. Criminal law: to punish.
Principles of Justice:
Fairness, Equality, Access.
Principles of Justice:
F, E, A.
Role of individuals in social cohesion:
Responsibility to be aware and abide laws.
What is a Statute law?
Statute Law is the law made by Parliament.
What is a Common law?
A law createdby judges, based on court decisions.
Fairness:
The principle of JUSTICE. (Justice system should be impartial and open to everyone!)
Equality:
The law should apply to ALL people equally regardless of their status in society. (Second principle of justice.)
Access:
The right to USE, COMMUNICATE, or APPROACH something or someone.
Strict liability
All that needs to be present is the act itself, someones been hit of murdered, don’t have to prove mens rea: the intention
Burden of proof
For criminal court, must be without a doubt, which party needs to prove using strength of evidence.
Doctrine of Precedent
