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30 Cards in this Set
- Front
- Back
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What is the idea of the Court Hierarchy? |
The idea of the Court Hierarchy is where the decisions of a higher court must be followed by lower courts. |
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Are the decisions of a court in one state binding to another? |
No, however they can be highly persuasive. |
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What is the order of the Hierarchy? |
High Court, Court of Appeal, Supreme Court, District Court, Magistrates Court. |
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What are the two roles of the High Court? |
Heard constitutional matters, and hears appeals. All courts are bound by their decisions. They decide which appeals to hear, and must be of public interest. |
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What is mediation? |
Disputing parties meet to reach agreement with the help of a mediator. |
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What is conciliation? |
A conciliator offers suggestions to help bring disputing parties closer to agreement. |
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What is implementing the law called? |
Executive power, which is handled by the cabinet/executive- ministers in government. This controls what laws are proposed and passed. |
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What is the division of powers? |
It is the separation of the powers given to the commonwealth and the state government. Exclusive= Federal Government. Concurrent= Both Federal and state. Residual= State Government. |
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What is a law? |
A system of rules which a particular county or community recognised as regulating the actions of its members and which may be enforced by the impositions of penalties. |
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How to change the constitution? |
With a referendum, which is a vote to either approve or reject the proposed change. 1. Passed by majority in both houses of Federal Parliament. 2. 50% of Australian voters must vote in favour. 3. A majority of states must have over 50% of voters in favour. |
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How does a party become the opposition? |
They must have the second highest amount of seats in parliament. The first becomes the party in power. |
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What is the leader of the party in power called? |
Prime Minister. |
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What is Terra Nullius? |
Terra Nullius means 'land belonging to no one.' |
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What are the two sources of Australian Law? |
Laws made by parliament and the way law has developed and where the law can be traced back from. |
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What is the constitution? |
The set of rules that specify powers, responsibilities and roles of the governing bodies within a state or country. |
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What is a good law? |
A balance between individual rights and community good; clarity, so citizens can understand it and judges can interpret it and apply it; constancy and stability, so people know the law and it's not changed; application is equal for everyone; and is enforceable. |
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Explain Australia before British settlement. |
The Indigenous were organised into clans/tribes. Each tribe had land which had rights and responsibilities known and obeyed by each member of tribe. There were no laws, no parliament. |
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What is a statute law? |
A law made by parliament, which cannot be changed by judges. |
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What is the separation of powers? |
This aims to keep separate the powers of making, implementing and interpreting the law. |
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What is the Making of Law called? |
Legislative power, which rests with the commonwealth/state parliaments. |
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What is the interpretation of law called? |
Judicial Power, which is carried out by courts and tribunals. Judges cannot be members of parliament or in executive. They are to be independent and not influenced by them in passing judgements. |
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What is the first part of making a law? |
1. Demand for change- Caused by public pressure or acts as a response to events. |
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What is the second part of making a law? |
2. The Bill- The proposed bill is drafted, and is presented by a member responsible for it or a minister. |
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What is the third part of making a law? |
3. The first reading- The long title is read. |
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What is the fourth part of making a law? |
4. The second reading- The detailed discussion begins. The minister proposing speaks about its aims, and the members speak for or against the bill. |
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What is the fifth part of making a law? |
5. The committee stage- MOST IMPORTANT. The bill is examined in detail; the wording is examined to ensure clear meaning and understanding. Changes may be proposed, and parliament can accept or decline the changes. |
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What is the sixth part of making a law? |
6. The third reading- It is read, and voted on. It is either passed or declined. |
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What is the seventh part of making a law? |
7. Royal accent- If the bill is passed, it is presented to the Governor General for signing. The Bill then becomes and act of Parliament (a law). |
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What is a hansard? |
A transcript of everything said in the court house. |
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What is a common law? |
A law made by judges when making decisions on cases that haven't been seen before. |
