Test 1

Question 1

What are the two main functions of law

Answer 1

1. To achieve social cohesion

2. To facilitate socail progress

Question 2

What are the 4 ways social cohesion is achieved

Answer 2

1. By laws that protect values and rights
2. By laws that define acceptable standards of behavior and impose consequences for breach
3. By providing institutions and processes to make laws administer and enforce laws and resolve legal disputes
4. By promoting law reform and changes the laws

Question 3

What is social cohesion

Answer 3

Social cohesion is defined as the willingness of members of a society to cooperate with each other in order to survive and prosper

Question 4

What is an example of a law that helps achieve social cohesion

Answer 4

The Criminal Code NT`

Question 5

How is social progress achieved

Answer 5

by making laws that facilitate the lawful and peaceful transition of society from one generation to the next.

Question 6

What is an Example of social progress

Answer 6

The Education Act NT

Question 7

What is public law

Answer 7

Public Law regulates relationships between individuals and the state. It is designed to maintain law and order and to protect fundamental rights.

Question 8

What does public law include

Answer 8

international law
constitutional law
administrative law
criminal law.

Question 9

What is private law

Answer 9

Private Law regulates relationships between individuals and organizations.

Question 10

What does private law include

Answer 10

family law
property law
contract law
torts like negligence

Question 11

What is criminal law

Answer 11

Criminal law is concerned with behaviour that affects not only the individuals directly involved but also the welfare of society as a whole. Criminal law aims to regulate the behaviour of individuals as members of the community and to protect the interests of society.

Question 12

What is civil law

Answer 12

Civil law is concerned with behaviour between one individual and another individual. It includes contract law and the law of torts. Criminal law and civil law are dealt with by different procedures and have different consequences for the individuals involved.

Question 13

What are the criminal offenses from least to most important

Answer 13

Summary offences - less serious, heard in the Magistrates Court, maximum penalty of two years imprisonment

Minor indictable offences - intermediary offences, can be heard either in Magistrates Court or Supreme Court (District Court in SA), maximum penalty of five years imprisonment

Indictable offences - the most serious offences, heard in the Supreme Court (or District Court in SA), maximum penalty of life imprisonment

Question 14

What are the democratic principles that our government is based on

Answer 14

1. Rule of law
2. Constitutional monarchy
3. Federal system of government
4. Separation of powers
5. Representative government
6. Responisble government
7. Judicial independence

Question 15

What is the rule of law

Answer 15

It is the fundamental principle that no one is above the law

Question 16

What is a constitutional monarchy

Answer 16

It is a system where a hereditary monarch (King or Queen) is head of state and exercises power in accordance with a written Constitution. In Australia, the Queen is represented by the Governor-General at the federal level (and Governors at the state level).

Question 17

What system of government does Australia have

Answer 17

Federal system

Question 18

What does Australias federal system mean

Answer 18

This means that Australia has a national (Federal/Commonwealth) government (in Canberra) and 6 state governments, each with their own independent institutions and lawmaking powers

Question 19

What is the doctrine of division of powers

Answer 19

doctrine of division of powers is the allocation of legislative (lawmaking) powers between the Commonwealth and States.

Question 20

What are the 5 categories of legislative powers

Answer 20

1. Specific
2. Exclusive
3. Concurrent
4. Prohibited
5. Residual

Question 21

The Australian legal system establishes what

Answer 21

procedures and institutions to make, administer, adjudicate and enforce the law in the community.

Question 22

What is the separation of powers doctrine

Answer 22

The separation of powers doctrine is designed to prevent the concentration of power in the hands of just one institution of government.

Question 23

What is the structure of the Australian parliament

Answer 23

In the Australian legal system, the legislative (lawmaking) function is performed by our 9 parliaments: one federal parliament, 6 state parliaments, and two territory parliaments.

Question 24

What is the structure of the house of representatives

Answer 24

150 members - each member represents an electorate

each electorate is an area with approximately the same number of voters

elections are held every three years

the preferential voting system used

sometimes referred to as the ‘people’s house’

the political party which wins a majority of seats in this house forms the government.

Question 25

What is the structure of the Senate

Answer 25

76 members. Each state has 12 senators and each territory has two equal representation of each state irrespective of population senators are elected for six years, except for territory senators who are elected for three half-senate election held every three years the proportional voting system used sometimes referred to as the 'state's house'.

Question 26

What are the 4 roles of parliament

Answer 26

1. Democratic functions 2. Legislative functions 3. Supplying function 4. Scrutinizing function.

Question 27

Australian parliaments operate on the principle of what

Answer 27

representative government

Question 28

What are the features that are necessary for an effective representative

Answer 28

1. rule of law 2. universal franchise 3. regular elections 4. one vote / one value 5. secret ballot 6. salaries for members of parliament 7. parliamentary privilege.

Question 29

How is government formed

Answer 29

1. There is an election for the House of Representatives. 2. The party (or coalition of parties) which wins a majority of seats (75 + 1) in the House of Representatives forms Government. (The minority party forms the Opposition). 3. The leader of that party becomes Prime Minister. 4. The Prime Minister selects other members of the majority party to be appointed as Ministers (Ministers can be Senators or MHRs). 5. The Governor-General swears in the Prime Minister and Ministers.

Question 30

What is a responsible government

Answer 30

Responsible government is a system based on the British Westminster system of parliamentary democracy, whereby the Government is formed by the party which wins a majority in the lower house of parliament and is then directly responsible to the parliament for the decisions and laws it makes.

Question 31

What does a responsible government operate under

Answer 31

Westminster Conventions.

Question 32

What is the judiciary

Answer 32

The judiciary is the arm of government responsible for the administration of justice.

Question 33

What is the main role of the judiciary

Answer 33

The main role of the judiciary is to resolve legal disputes. In doing this, judges may also need to interpret statutes and create common law where no statutory rule exists.

Question 34

What is the principle of judicial independence

Answer 34

The principle of judicial independence is essential to uphold the basic freedom of all citizens.

Question 35

What features guarantee judicial independence

Answer 35

1. judges are appointed by the executive (government) but can only be dismissed by parliament 2. judges have permanent tenure until 70 3. judges' salaries cannot be reduced during their tenure.

Question 36

If you are found guilty of a criminal case you will receive a what

Answer 36

if found guilty or committing a crime will receive a sanction. Sanctions are generally a fine, community correction order or imprisonment.

Question 37

What are the 2 elements in court cases

Answer 37

1. ‘Mens rea’ translates as ‘to have in mind” from Latin. It is an important element of any crime because it relates to the need to determine whether the defendant held a sufficient state of mind to have the intent to commit the particular crime in question 2. ‘Actus Reus’ translates as “to do an act” from Latin, i.e. the occurrence of the criminal act or an unlawful omission of an act.

Question 38

What happens if a civil case is successful

Answer 38

a case is successful, the court may award monetary compensation (called damages) or issue a court order to stop further infringement.

Question 39

What are citations used for in civil law

Answer 39

Instead of an arrest or continued detention, the citation releases the person on the promise to appear in court at a specified date and time.

Question 40

What are the 5 elements of negligence

Answer 40

1. Duty 2. Breach of Duty 3. Cause in fact 4. Proximate cause 5. Damages

Question 41

Does Australia have a complete separation of powers

Answer 41

NO, because members of the executive are also members of the parliament

Question 42

What are the governor generals non-reserve powers

Answer 42

The governor general exercises these powers on the advice of the Prime Minister. Eg swearing in of cabinet members and the high court justice system

Question 43

What are the governor generals reserve powers

Answer 43

Powers the governor general can exercise without the advice of the prime minister