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Politics & Law > Unit 1 > Flashcards

Unit 1 Flashcards

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1
Q

What is a private members bill?

A

a bill introduced by a non- government representative

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2
Q

What is a conscience vote?

A

a type of voting where parliamentary members are given the right to use their judgement on a matter before parliament.

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3
Q

What is natural justice?

A

a principle of justice incorporating the rule against bias and the right to a fair hearing

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4
Q

What is the rule of law?

A

a principle saying that everybody is subject to the law

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5
Q

What is Stare Decisis?

A

Latin for ‘to stand by what is decided’

The principle upon which the doctrine of precedent relies on.

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6
Q

What is common law?

A

Judge made law.
Made by judges when deciding cases.
Inferior to statute law.

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7
Q

What is statute law?

A

Law made by parliaments.

Statute law is superior to common law.

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8
Q

What is the separation of powers?

A

Legislative- creates the law
Executive- implements the law
Judiciary- uphold the laws and interpret the constitution
All are independent and act as a check and balance on each other.

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9
Q

Explain why we have a court hierarchy?

A

Doctrine of precedent.
Appeals to higher courts.
Cases are assigned to appropriate cases.
Courts develop areas of expertise.

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10
Q

What does the term due process mean?

A

None shall be condemned without due process of law

None shall be put to answer without due process of law.

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11
Q

What are the rules of evidence?

A 
Relevance 
Hearsay
Opinion 
Circumstantial evidence 
Character
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12
Q

What is the division of powers?

A
  1. Federal
  2. State
  3. Local
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13
Q

What is Federalism?

A

a system of government in which sovereignty is geographically divided between one central and two or more regional governments.

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14
Q

What is a Liberal Democracy?

A

a system of government which is based on both popular sovereignty, the respect and protection of rights.

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15
Q

What are the Liberal Democratic principles?

A
  1. Majority rules
  2. Equality of political rights
  3. Political freedom
  4. Political participation
  5. Rule of law
  6. Separation of powers
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16
Q

What is meant by the term Non- Democratic?

A

governments that are not in theory and/ or in practice of not fulfilling the criteria of being democratic.

17
Q

What is meant by the term Good Government?

A
  1. Limiting Government- separation of powers, sovereignty, citizenship and the rule of law.
  2. Checking Government- formal processes exist making government accountable to the people.
  3. Voice of the People- representative democracy, voting rights and a democratic society.
18
Q

What are the Governor General’s roles?

A

Dissolve parliament
Make proclamations
Determine sitting times
Pirogue parliament

19
Q

What is Political Participation?

A

Protests
Voting
Running as a candidate
Working in a polling station

20
Q

What is Equality of Political Rights?

A

Right to vote- Section 7
Religious freedom- Section 116
Compulsory voting
Secret ballot

21
Q

In what way does our government protect our rights?

A

Police force
Agencies
Constitution

22
Q

What is political freedom?

A

Freedom of political communication
Freedom to vote without fear of repercussions
Freedom to run for parliament

23
Q

What is meant by the term Majority Rules

A

Laws are passed by a majority vote.
To form government a majority is needed in the house of representatives.
Referendum must be a majority vote.

24
Q

What is a Representative Democracy?

A

the people remain sovereign but are represented in government by elected members.

25
Q

What are the 5 features of a Modern Democracy?

A

The right to freely express opinions
The right to a diverse and uncensored media
The right to express political views
The right to be free from prosecution
The right to be protected by the rule of law

26
Q

How is the rule of law upheld?

A 
Right to a free trial
Right to silence 
Right to a lawyer- Legal aid
Equality before the law 
Right to die process
27
Q

How do judges eliminate bias?

A

Use rules of interpretation

Use maxims

Politics & Law (2 decks)

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