Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Law and Order > Topics 1 + 2 > Flashcards

Topics 1 + 2 Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

Lower House Roles

A

House of Representatives (Cwth)
Legislative Assembly (VIC)

Can introduce new bills, amend existing acts

Politicians elected for:
- 3 years (Cwth)
- 4 years (VIC)

  • 151 members (Cwth)
  • 88 members (VIC)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Upper House Roles

A

Senate (Cwth)
Legislative Council (VIC)

Can introduce new bills, amend existing acts

Politicians elected for:
- 6 years (Cwth)
- 4 years (VIC)

  • 76 members
  • 40 members
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Kings Representative

A

We need ‘royal assent’ for our laws to be passed.

A Kings Representative is installed to make decisions on behalf of the King. This person is called the Governor General (Cwth) or the Governor (State).

Not elected. Cannot introduce bills.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

First reading

A
  • Very simple
  • Bill is introduced
  • Members of parliament are given a brochure of proposal
  • Agreement is made to meet at a later date to debate and discuss bill.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Second reading

A
  • Members discuss proposed law with rest of parliament.
  • Other members debate and discuss the proposal
  • Once all have had their input, a vote takes place to decide whether the bill progresses to the next stage.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Consideration in Detail

A
  • If the vote is successful, progresses to this stage.
  • The bill is now scrutinised, sentence by sentence by each member of parliament.
  • Amendments, changes, or recommendations are put forward.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Third Reading

A
  • After all words have been debated and agreed upon
  • One final vote to decide whether the bill progresses to next house
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Role Of The Second House

A

These steps are repeated in the second house. If at any point a change is made it goes back to the first house to start again.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Royal Assent

A
  • If all the previous eight steps are successful, the final
    step for a bill to become a law is for royal assent.
  • This is signed off by the King’s Representative.
  • It is extremely rare that this step is knocked back.
  • Once signed off, it becomes law.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Reasons laws may need to change:

A
  1. Response to changes in societal values and norms.
    Example: Same-sex marriage
  2. Response to the changing political, social or economic
    conditions in the country.
    Example: Laws around driving under the influence of alcohol
    and/or drugs
  3. Response to changes in technology.
    Example: Laws around the use of drones flying over private
    spaces.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Changing Laws

A

For a law to change, the process is exactly the same
as what we have discussed for a new law.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Example of Changing Laws:

A

An area of law that is a big talking point at the moment
revolves around pill-testing at music festivals.
It is a battle of old society vs. new society.
Old society refuses to acknowledge that recreational drugs are
a common practice in our country.
New society recognises that it is and wants to do something
about making using drugs safer.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Demonstration

A

A demonstration is a gathering of people (normally in a very
public place) to voice their concern about a chosen topic.
The effectiveness of a demonstration can depend on:
Number of people
Topic of demonstration
Behaviour of demonstrators

If a demonstration can draw a large number of participants,
it is normally going to be more influential.

Eg. invasion day demonstration

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Evaluation of demonstrations

A

‘Evaluating’ the effectiveness of
demonstrations needs to consider the
following:
Strengths:
- Easy and cheap to organise, especially online
- Can attract a lot of media attention which can help influence politicians and attract new supporters
- If well organised, can attract new support.

Weaknesses
- Hard to attract a lot of people - people have to make an effort to actually attend
- If it gets out of hand/violent, will get negative attention - this can only lead to loss of suport.
- Parliament can easily ignore, especially if you don’t getmany people attending.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Balance of Power Definition

A
  • Balance of power refers to the position held by minor parties or individual members of parliament when their vote is necessary for bills or motions to be passed.
  • Such minor parties or independents are said to hold the balance of power - without their support, the government cannot get enough votes to pass bills.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Evaluating the Balance of Power

A

Good thing that the party in charge does not hold the balance of power as:
- It means the government does not have too much power.
- The views of more members of the community are represented.
Bad thing:
- Not very democratic, different party than what was voted for.

17
Q

Role of Victorian Law Reform Commission

A

Is a Government agency (that means it was created by the
Government but it operates separately from the government)
with a couple of key roles:
1. Make recommendations to Parliament on major areas of law
reform referred to them by the Attorney-General
- So VLRC cannot investigate these areas of major law
reform without first being asked by the Attorney General
(fancy name for State Govt minister for law)
2. Make recommendations to Parliament on minor areas of law
reform
- VLRC can look at these smaller topics whenever they
want, VLRC does not have to wait for a referral

EG. their investigation into the use of medical cannabis

18
Q

Process of Investigation

A
  1. Attorney General refers an issue about a major law reform to the VLRC.
  2. VLRC does it’s research - it collects info and opinions. (CRITICAL PART - COLLECTS INFO, TALKS TO EXPERTS + PUBLIC, REVIEWS STATS AND SEES HOW THINGS ARE DONE IN OTHER PLACES. TAKES MONTHS TO FINISH)
  3. VLRC completes it’s research and reports it’s recommendations back to the Attorney General.
  4. AG shares the report in parliament and the gov decides whether to change the law.
19
Q

School Leaving Age

A

At age 17, however if you are below 17 there are 2 paths,
- in most cases you can’t leave school.
- If you leave you need to have finished year 10 and you spend at least 25 hours per week in a combo of education, training and employment.

20
Q

Circumstances where you can get suspended or expelled

A

Expulsions and suspensions happen if your behaviour is so serious that the principal thinks other people’s health and safety is at risk. The principal can only expel you if it’s the only option left.

21
Q

Age where you can get any type of job

A

You can get a job at the age of 15

22
Q

Jobs you can get at younger ages

A

You can work in the entertainment industry or family business.
You can go on errands and garden.

23
Q

Age when you can leave home

A

You can leave before you are 18, however your parents are responsible for you until you turn 18.

24
Q

Laws relating to minors buying, possessing, drinking
alcohol

A

Drink alcohol?
Can drink if you are under 18 with parental permission.

Be sold alcohol?
18 years of age

Possess alcohol?
18 years of age

25
Q
  • Secondary supply - parental consent, responsible
    supervision
    3. Explain what is meant by ‘responsible supervision’.
A

When the guardian hosting gets other parents permission to have their children be drinking.

26
Q
  1. What are the consequences of someone providing alcohol to a person under 18 and then not following up with ‘responsible supervision’?
A

If something bad happens and they are found to not have gotten permission however provided alcohol anyway, they would be fined and possibly charged.

27
Q

Advantages and disadvantages of changing the
drinking age

A
  • It would take so long to get used to it, over decades
  • Brains have still not developed
28
Q

Offences relating to sexting, child pornography,
threatening to sext

A

Threatening to sext - neither sending nor possessing
From 2 November 2014, you may be charged with a new offence if you threaten to send an intimate image of a
person to others if the person believes that you will carry out the threat.

Child pornography - can be either possessing or sending Under Victorian law you can be charged with possessing child pornography if you have a film, photograph, publication or computer game that shows a person under 18 (or appears to be under 18): involved in sexual activity; or posing in an indecent sexual manner; and the person in the image is more than 2 years younger/older than you

1 Sexting - a sending offence
‘Sexting’ is sending nude, sexual or indecent photos using a computer, mobile phone or other mobile
device.

29
Q

Consequences of storing, creating, sending

A

Can be charged and get jail time.
Photos may be sent and seen by the public.

30
Q

Importance of age gap

A

If it is within 2 years it’s not illegal, when it’s more than that thats when it becomes a problem.

31
Q
  • What is vaping, what are e cigarettes
A

Electronic cigarettes work by delivering nicotine and/or other chemicals to the user via an aerosol vapour - that’s
why it is called ‘vaping’

32
Q
  • Why young people use them
A

‘Vaping’ has become fashionable and in many cases, has led to addiction and consumption in schools.

The advertising is geared towards younger people.

33
Q
  • The law - with or without nicotine, relevance of age, how vapes can be sold and where they can be used
A

NO NICOTINE:
- Cannot be imported to Australia if disposable single use.
- Can be sold to, possessed and used by those 18 and above.
- Cannot be displayed in shops
- Cannot be sold to, possessed or used by under 18s.
- Cannot be smoked where e cigs can’t be smoked.

WITH NICOTINE:
- Cannot be imported to Australia if disposable single use.
- Cannot be sold - except for pharmacist with prescription.
- Cannot be used or possessed unless you have a prescription
- Cannot be displayed in shops
- Cannot be sold to, used by or possessed by under 18s.
- Cannot be smoked where e cigs can’t be smoked.

34
Q
  • Workplace wages and conditions; awards versus agreements, minimum wage
A

It is illegal for anyone to pay you less than the minimum wage for your specific age.

Enterprise agreement - this is an agreement between the specific company/employer you work for and all of its workers

Award - if the company does not have a specific enterprise agreement, then its workers and their rights will be listed in another type of document called an award. This covers all of the workers in a specific industry

35
Q
  • Fair Work Ombudsman
A

There are often issues that arise in workplaces.
These can be between employer and employee,
employee and employee, etc.
For this reason, a third party body exists to help
mediate in this area.

If you are not being treated properly, you must talk with your manager. If that doesn’t work, you can go to the Fair Work Ombudsman. They provide free assistance and suggest solutions. Take bosses that breach your workplace rights to court.

36
Q

One punch laws

A

Elements of the laws surrounding a ‘coward punch’:
1. A person intentionally hits another
person with a part of their body or an
object.
2. The action was ‘unlawful’.
3. The strike is to the head or the neck.
4. The victim is killed as a result.

Carries a max of 10 yrs prison.

Law and Order (3 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions