Terms

Question 1

Norms

Answer 1

Norms are socially acceptable habits or customs.
They may have varied consequences.
They could be used to enforce cultural values

Question 2

Rules

Answer 2

Rules are regulations that are generally more formal than norms.
They only apply to certain groups of people
E.g. School rules, club rules

Question 3

Laws

Answer 3

A law is a regulation that applies to all of society
Everyone is expected to follow laws and if they don’t then there are penalties/consequences
The government and courts recognize and enforce laws

Question 4

5 features of a good law

Answer 4

1. Written n clear language with one meaning
2. Communicated to the public
3. Apply equally to everyone
4. Capable of being enforced
5. Acceptable to all citizens

Question 5

Difference between norms, rules and laws

Answer 5

The key differences are who they apply to and the penalties when not followed. A norm applies to a group of people, and doesn’t have a punishment that can be enforced on a person. A rule is only applicable to specific groups of people and has consequences that are enforced by that group, not the government or courts. A law applies to everyone in society equally and has penalties enforced by the government

Question 6

Original Jurisdiction

Answer 6

This is where a trial is held originally or first

Question 7

Appellate Jurisdiction

Answer 7

This is where a trial goes when an appeal is made.
This ensures fairness and protects the presumption of innocence
Challenges to the fair application of the law will be heard in the court one level above.
When in the court of appeal/supreme court there are three judges.

Question 8

Rules of Precedent - Binding

Answer 8

Binding ensures that court decisions are similar and consistent for similar legal issues
If the legal issue is similar then courts must follow the decision made by an equal or higher court

Question 9

Rules of Precedent - Persuasion

Answer 9

Persuasion means that a court may follow decisions in other jurisdictions
E.g. QLD may follow a decision made by a NSW court

Question 10

Rules of Precedent - Distinguish

Answer 10

Distinguish means to determine if there is a difference between two legal issues, thus previous decisions do not have to be followed

Question 11

Common Law

Answer 11

Common law involves decisions made by the courts using the rules of precedent to ensure they are consistent and to determine guilt.
These decisions are made from the courts reacting to a case, or making decisions before the act has been done.

Question 12

Statute Law

Answer 12

Statute laws are laws made by parliament.
They are created in advance, meaning that they are made before the action takes place in order to prevent it from occurring.
These laws over ride common laws and have more power

Question 13

Differences between common and statute law

Answer 13

The key difference are that common law is reactive and statute law is pro active
Statute law also has more power and will over ride common law if there is ever a need

Question 14

Royal Assent

Answer 14

This is the last step in statute law.

The Governor-General (monarchy) approves parliament vote to turn a bill (proposed law) into an act (an active law)

Question 15

Delegated Legislation

Answer 15

Delegated means permission by parliament and legislation means to make a law. Therefore delegated legislation means to give law making roles to smaller local councils.
This is because it is more efficient as parliament cannot make all the minor regulations simply due to time. It is also because of local knowledge.

Question 16

Adversarial System

Answer 16

This system is when there is two parties that represent their cases. They use evidence to try and prove their position and determine guilt
This takes place in front of an impartial person or group of people such as a judge or jury.
This system is used in Australia and other countries with common law

Question 17

Inquisitorial System

Answer 17

This is the system used in France

Question 18

Magistrates Court

Answer 18

This court deals with 95% of all cases, due to them being summary or minor offences.
Magistrates court also hears all committal hearings.
All cases begin in this court to determine if there is enough evidence for a trial.
Does not have a jury

Question 19

District Court

Answer 19

The district court handles more serious offences such as rape, armed robbery or fraud
Can hear appeals from the Magistrates court
Does have a jury

Question 20

Supreme Court

Answer 20

The supreme court is the highest court in QLD and handles the most serious offences, including manslaughter, murder and serious drug matters.
Can hear appeals from the district court

Question 21

Court of Appeal

Answer 21

This is the court which hears appeals from the supreme court because there isn’t a higher court
It doesn’t hear entire cases rather just the subject of the appeal.
Does not have a jury
May have multiple judges
This court ensures fairness and protects the presumption of innocence

Question 22

High Court

Answer 22

The high court is part of the federal court system and deals with Australian wide laws
However in some cases may deal with state issues

Question 23

Committal Hearings

Answer 23

These are like preliminary hearings which take place in the Magistrates court.
Their purpose is to hear and gather all the evidence to determine if there is enough for a full trial
This protects the presumption of innocence and ensures fairness.

Question 24

Bail

Answer 24

Bail is the right for someone who is not a threat to society to be free before their trial
It may help them prepare a defense and minimize loss of liberty.
People on bail provide a guarantee that they will appear in court

Question 25

Separation of Powers

Answer 25

Power is separated into Legislation/parliament, executive/government, and judicial.

Question 26

Role of Legislative/Parliament

Answer 26

Their role is to make the laws

Question 27

Role of Executive/Government

Answer 27

Their role is to apply and enforce the law

Question 28

Role of Judicial Power

Answer 28

They are individual deciders and interpreters of the law and chose when to apply it

Question 29

Purpose of the Separation of Powers

Answer 29

The purpose is to ensure that nobody is given too much power or a lesser amount of power.
This ensures that the wishes of citizens are not ignored or overlooked.

Question 30

What is the Rule of Law

Answer 30

The rule of law is an important principle in society that everyone must adhere to.
It ensures that the government exercises the appropriate authority and themselves abide by it

Question 31

Meaning of the Rule of Law

Answer 31

It means that no individual or group of people is above or below the law and no one can be convicted of a crime with out a proper trial and evidence

Question 32

Government

Answer 32

The group in parliament with the most elected representatives form government.
They decide when laws are used and enforced
E.g. when to send troupes overseas

Question 33

Parliament

Answer 33

Are members elected by 100,000 voters in the electorate and are chosen to represent that
Therefore they are a part of the House of Representatives
Each state gets six senators so smaller states are protected during law making

Question 34

Bill

Answer 34

A bill is a proposed law that is yet to be approved

Question 35

Act

Answer 35

An act is an active law that has been approved and is currently in place

Question 36

Criminal Law

Answer 36

Are sanctions or regulations by society for antisocial behavior or for individual issues E.g fines for speeding or jail for murder

Question 37

Civil Law

Answer 37

Relates to laws and decisions used to resolve disputes between individuals. Comes from the word civilians