Week 1 - Law government and criminal justice Flashcards

1
Q

What is law?

A

Body of formalised rules that regulate people’s behaviours

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2
Q

Why is law important?

A

It helps society function. It tells us the values and morals of a society

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3
Q

What is defence?

A

An argument that a person is not guilty of a charged crime

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4
Q

What is Australia’s founding legal document called?

A

The Constitution

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5
Q

What are the two main sources of law in Australia?

A

Legislation and Case Law/Common Law

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6
Q

What is Legislation?

A

A document containing rules that have been debated, voted on and approved by parliament . Tells us what rules are on a certain topic

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7
Q

How is legislation made?

A

Presented as a Bill and and needs to go through 3 reading processes and approved by both houses of parliament

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8
Q

What does a bicameral parliament mean? And what states and Territories are not bicameral?

A

A parliament with two houses e.g senate and HoR

QLD, NT and ACT unicameral

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9
Q

What is a Bill?

A

A proposal for legislation - a draft of the final version

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10
Q

What are the two houses of parliament? and which is the upper and lower house?

A

House of Representative the Lower House

Senate the Upper House

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11
Q

How many member in the house of representative?

A

151

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12
Q

How many members in the senate?

A

76

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13
Q

How many readings does a Bill need to go through before it will become law?

A

3 by each house of parliament

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14
Q

What is Case Law/Common Law?

A

Documents issued by courts that contain the judges reasoning on an individual case

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15
Q

Why is precedent important?

A

provides consistency and fairness

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16
Q

What is Precedent?

A

A principle which states that court cases with similar facts should be decided in the same manner

17
Q

What are two other terms used instead if legislation?

A

Act or Statute

18
Q

What is a a judgement?

A

A statement of reason explaining how and why the judge decided on a case in a particular way

19
Q

Court Hierarchy

A
  1. High Court
  2. Supreme Court
  3. District Court
  4. Magistrate Court
20
Q

Law made in Parliament is known as…

A

Statue Law

21
Q

Passage of a Bill…

A
  1. House of Representative
  2. Senate
  3. Governor General
22
Q

What is Rule of Law?

A

the principle that countries should be ruled by laws that avoid abuse of power and all laws are applied fairly