Term 1 Flashcards
What is a rule
a statement of controlling nature instated by authority yet not legally enforced
What is a law
a law is a rule that is legally enforced statewide, nationwide or worldwide
What are the 5 purposes of laws
Moral, Cultural, Political, Economic , Social
What is customary law?
Cusromary law connects the Aboriginal people to their lands and relies on the respect of their elders to stay out of trouble. It is not written down, nor is it the same as every other tribe
What is a stakeholder
someone who is affected (postively or negatively) in a situation
what is the rule of law?
Is the principle that all people and institutions are equally subject to and accountable table to the law
A criminal case is?
the state vs a person
evidenced on Beyond reasonable doubt
How do you write a criminal case name?
State V Defendant Year
A civil case is?
person vs person or company
evidenced on balance of probabilities
How do you write a civil case name
Plaintiff V Defendant Year
What is the onus of proof
presentation of innocence-proving evidence.
Name the separation of powers doctrine and each power’s role
Judicial-courts, punish individual in accordance with the law
Legislative- creates the law
Executive- Implement the law (police)
When and why was the australian constitution introduced
January 1, 1901
It was invented so no differing laws between Australian states and territories were contradicting each other. It also disposed of the ‘terra nulius’ instated by captain cook on arrival
What laws does federal government preside over
Has exclusive powers
taxation, terrorism, customs etc
What are the steps to making a law?
1) Introduce bill
2) bill drafted
3) first reading
4) second reading
5) committee of the whole
6) third reading
7) royal assent
