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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
Family
family/domestic issues such as divorce
26
Public laws
govern the relationship between people and the state
27
Admin law
Governs government bodies
28
Constitutional
protects the rights afforded in the constitution
29
Criminal
relates to crime
30
Municipal
By-laws, ordinances, regulations
31
International
overseas relations between nations
32
Damages
Special and general
33
Injuction
Preventative (stop) | Compulsory (start)
34
Rule of Law
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
3 elements of ROL
Supremacy of Con equality before law Existence of human rights
36
How do we facilitate rule of law
Legal rights at trial High court for con disputes Laws enacted in a democratic process
37
What does the gov-gen do in the arms
Leg- opens and closes parliament Exe - appoints and dismisses ministers Jud - appoints and dismisses judges in fed court
38
Non-Reserve powers of Gov-Gen
Where the governor acts on the advice of the PM | Appointing minsters, proclaiming laws
39
Reserve powers
dissolving parliament, sacking the pm
40
Administrative powers
Pateron of charities, hosting foreign heads of state.
41
Features of con gov
- 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
Separation of Powers
A doctrine that divides the 3 institutes of government into arms so that power is not concentrated in a single gov body
43
Legislative arm (1-60)
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
Executive arm (61-70)
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
Judicial arm (71-80)
Built of judicial independence Members of J cannot be part of E or L Resolves disputes
46
Judicial independence
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
How do we protect judicial independence
- Judges are appointed (Exe) and dismissed (leg) by seperate arms - permanency of tenure - fixed salary that cannot be reduced - Judicial privilege
48
Conditions to be PM
In line with con Majority in Lower house pass supply bill
49
4 functions of parliament
``` Democratic (Protect democratic processes) Legislative (2 functions of law) Supply function (Taxation and supply bills) Scrutinising function (Checks and balances) ```
50
Chain of accountability
A system of checks and balances to ensure people working in the executive arm conducts affairs in accordance with the ROL
51
Division of Powers
The constitutional allocation of legislative powers between the commonwealth and the states and territories
52
PERCS
``` Prohibited Exclusive Residual Concurrent Specific ```
53
Concurrent power belong to
both
54
Prohibited powers
Only one of the two can make laws on it
55
Exclusive power
only the commonwealth
56
Residual power
State
57
specific
prescribed in the constitution
58
Three ways to change the balance of powers
Referdendum Voluntary referral Co-opperative agreements
59
Judicial review
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
Features of Rep Gov
``` 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
Rep gov is made up of
MPs and Senators
62
Rep gov
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
Responsible gov features
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
Res gov is made up of
Ministers and PM
65
Res gov
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.

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