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Legal > SACE Test 1 > Flashcards

SACE Test 1 Flashcards

1
Q

Social Cohesion

A

Members of a community act lawfully and freely considering their impact on others

Drug laws, traffic laws.

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2
Q

Social Progress

A

Ensuring social cohesion is preserved for future generations and that laws adapt with time (Education, children, environment, health laws)

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3
Q

How are the two functions upheld

A

VADER

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4
Q

Values

A

Political values such as democratic processes

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5
Q

Acceptable standards of behaviour

A

such as manners

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6
Q

Dispute

A

are resolved in court such as suing for a civil remedy

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7
Q

Evolution

A

Laws adapting with time such as gay marriage laws

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8
Q

Rights

A

such as our legal right to legal representation

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9
Q

What is a law

A

A law is a legal rule that prescribes acceptable standards of behaviour. For example speed limits prescribe the acceptable driving speed

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10
Q

Categories

A 
Against person (Infringes on  human rights - murder) 
Against property (infringes on right to own and use property - arson) 
Against Public Order (disrupted social cohesion - drugs)
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11
Q

Classification

A

Strict Liability
Summary Offences
Minor indictable
Major indictable

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12
Q

1942

A

British law no longer overrides federal

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13
Q

1968

A

High court no longer bound by British precedent

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14
Q

1975

A

High court no longer bound by privy court in state matters

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15
Q

1986

A

Removed British influence in state leg.

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16
Q

House of Rep

A 
150 members
electorates
Lower House 
Speaker
Tenure of 3 years 
Preferential voting
forms gov
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17
Q

Senate

A 
76 (12 state, 2 territory) 
Upper house 
President 
Tenure of 6 years 
Proportional voting
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18
Q

House of Assembly

A

47 members

Tenure 4

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19
Q

Legislative council

A

22 members

Tenure 8

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20
Q

Constitutional Monarchy

A

A system of government with a monarch as the head of state, represented by the governor general or governor
Bicameral system.

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21
Q

Private laws

A

(5 types)

Rights and obligations of legal entities

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22
Q

Contract

A

Rights and obligations of those entering contracts

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23
Q

Tort

A

Rights, obligation and remedies of someone wronged by another

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24
Q

Succession

A

transfer of estates (wills)

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25
Q

Family

A

family/domestic issues such as divorce

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26
Q

Public laws

A

govern the relationship between people and the state

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27
Q

Admin law

A

Governs government bodies

28
Q

Constitutional

A

protects the rights afforded in the constitution

29
Q

Criminal

A

relates to crime

30
Q

Municipal

A

By-laws, ordinances, regulations

31
Q

International

A

overseas relations between nations

32
Q

Damages

A

Special and general

33
Q

Injuction

A

Preventative (stop)

Compulsory (start)

34
Q

Rule of Law

A

The concept that all people are equal before the law and that gov institutes should only be allowed to exercise power in line with the constitution

35
Q

3 elements of ROL

A

Supremacy of Con
equality before law
Existence of human rights

36
Q

How do we facilitate rule of law

A

Legal rights at trial
High court for con disputes
Laws enacted in a democratic process

37
Q

What does the gov-gen do in the arms

A

Leg- opens and closes parliament
Exe - appoints and dismisses ministers
Jud - appoints and dismisses judges in fed court

38
Q

Non-Reserve powers of Gov-Gen

A

Where the governor acts on the advice of the PM

Appointing minsters, proclaiming laws

39
Q

Reserve powers

A

dissolving parliament, sacking the pm

40
Q

Administrative powers

A

Pateron of charities, hosting foreign heads of state.

41
Q

Features of con gov

A
  • citizens elect representatives
  • Laws made in areas allowed by con
  • Law-making power is divided (DOP)
  • HCA for con disputes
  • Only the people can change the constitution through ref.
42
Q

Separation of Powers

A

A doctrine that divides the 3 institutes of government into arms so that power is not concentrated in a single gov body

43
Q

Legislative arm (1-60)

A

Built on the principles of rep gov
The primary institute of the bicameral system
1 of the sources of law
Forms gov through convention

44
Q

Executive arm (61-70)

A

Built on the principle of res gov

  • Gov is held responsible to parliament
  • Made up of ministers and PM
  • Enforces statutes
  • Made up from the lower house so not a true SOP
45
Q

Judicial arm (71-80)

A

Built of judicial independence
Members of J cannot be part of E or L
Resolves disputes

46
Q

Judicial independence

A

Mens that when a judge presides over a case they must be free from interference or intimidation by external forces. This ensure the confidence of the public that cases are decided on merit.

47
Q

How do we protect judicial independence

A
  • Judges are appointed (Exe) and dismissed (leg) by seperate arms
  • permanency of tenure
  • fixed salary that cannot be reduced
  • Judicial privilege
48
Q

Conditions to be PM

A

In line with con
Majority in Lower house
pass supply bill

49
Q

4 functions of parliament

A 
Democratic (Protect democratic processes) 
Legislative (2 functions of law)
Supply function (Taxation and supply bills) 
Scrutinising function (Checks and balances)
50
Q

Chain of accountability

A

A system of checks and balances to ensure people working in the executive arm conducts affairs in accordance with the ROL

51
Q

Division of Powers

A

The constitutional allocation of legislative powers between the commonwealth and the states and territories

52
Q

PERCS

A 
Prohibited 
Exclusive
Residual 
Concurrent 
Specific
53
Q

Concurrent power belong to

A

both

54
Q

Prohibited powers

A

Only one of the two can make laws on it

55
Q

Exclusive power

A

only the commonwealth

56
Q

Residual power

A

State

57
Q

specific

A

prescribed in the constitution

58
Q

Three ways to change the balance of powers

A

Referdendum
Voluntary referral
Co-opperative agreements

59
Q

Judicial review

A

Any individual or organisation can test the exercise of power in an independent judiciary, basically the high court decides weather the parliament made law is constitutional.

60
Q

Features of Rep Gov

A 
Rule of law
Universal franchise
regular elections
1 vote, 1 value 
Secret ballot
Lucrative salaries for MPS
Parliamentary privilege 
Open parliamentary debates 
right to protest and associate.
61
Q

Rep gov is made up of

A

MPs and Senators

62
Q

Rep gov

A

Members of an electorate are elected to sit in parliament na makes laws. They are directly accountable to their electorate. Rep gov exercises legislative power.

63
Q

Responsible gov features

A

Accountability
Exercise of executive power
Role of senate (Expected by convention to pass supply)
Other constitutional conventions such as the speaker having unlimited access to GOV GEN

64
Q

Res gov is made up of

A

Ministers and PM

65
Q

Res gov

A

Ministers are elected from the party in power and are given portfolios for which they are responsible. They are accountable to parliament not the people. they exercise executive power to enforce statutes.

Legal (5 decks)

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