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18 Cards in this Set

  • Front
  • Back

Common law

Refers to laws made by courts. These laws are based on precedent (previous cases\indicants). Thus in determining the outcome of a case, a magistrate (or judge) will look at similar cases from the past.

Precedent

Previous cases\indicants

Statutelaw

Is any law made by the state or federal government. In creating a statutelaw a complex procedure must be followed

1. Formulationstage

This is wherethe proposed law is created.The conditions of the bill are written down inpreparation for the lower house of parliament.

Bill

A proposed law.

2. Firstreading

The title ofthe bill and a brief description is provided. Members of the house are providedwith a copy of the bill to read in their own time.

3. Second reading

The entire bill is read to the lower house and the conditions of the proposed law are discussed. Changes can be suggested at this point.

The House of Representatives

The lower house at the federal level.

Legislative Assembly.

The lower house at the state level.

4. Committee stage

A committee is formed by some members from the lower house who go away and discuss the bill further. More changes may be made.

5. Third reading

The bill, including all of the changes is read out to the house a final time. A vote is taken. If the bill receives support from the majority, it is passed to the upper house. If it does not receive a majority, it returns to the formulation stage.

6. Upper house

After gaining a majority from the lower house, the bill must pass through the same stages in the upper house. If the bill receives a majority vote, it is passed to the Queen’s representative. If it does not receive a majority then it is returned to the lower house for changes.

Senate

Upper house at the federal level.

Legislative council

Upper house at the state level.

7. Queen’s representative\Royal Assent

After a bill has passed it need royal assent by the Queen’s representative.

Governor General

Queen's representative at the federal level.

Governor

Queen's representative at the state level.

8. Afterreceiving royal assent

A date will be set from which the law will come into place.