Unit 3 Sac 1 Part A

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Civil Law

Back 1

is when a civil action takes place which is a dispute between two parties (private individuals, companies or government) the person whose rights have been infringed sues the other person for the damage done and asks the courts to order the defendent to rectify the situation or pay compensation, helping them back into their original position this is done through civil remedies.

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Criminal Law

Back 2

relates to acts or omissions where the police take the offender to the court, the prosecution is carried out by the state on the behalf of the society.

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Judge-Made Law

Back 3

the development of legal principles through the declaration of common law or statutory interpretation.

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Legal Rules

Back 4

laws created by institutions within the legal system and enforced by the legal system

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Non-Legal Rules

Back 5

rules established within a group but not laws generally enforceable in the community.

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Norms

Back 6

social expectations within social groups

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Statute Law

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Acts of Parliament

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Subordinate Authorities

Back 8

bodies to whom Parliament can delegate law-making powers

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Tort

Back 9

a civil wrong that amounts to an act or failure to act that infringes the rights of an individual for example negligence, defamation, trespass and nuisance

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Common Law

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is case law developed in the courts, this term is sometimes used to describe all case law or judge-made law

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Composition

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the nature of something's ingredients or constituents, the way in which a whole or mixture is made up

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Safe Electorate

Back 12

is an electorate that has one sided voting

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Federal Parliament

Back 13

is in Canberra, includes the Governor-General, the House of Representatives and the Senate

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State Parliament

Back 14

is in Victoria/Western Australia/South Australia/New South Wales, includes the Governer, Legislative Assembly, Legislative Assembly

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Governor-General

Back 15

represents the crown, its role is overall ceremonial, not very important except when a law is passed that affects them also they are normally the final authority

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House of Representatives

Back 16

is the lower house, the government (includes the Prime Minister) and has 150 members (3 years), one member of Parliament per electorate has unequal population representation

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Senate

Back 17

is the upper house and has 76 senators (6 years), 12 per state and two per territory has equal population representation

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Governor

Back 18

represents the crown

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Legislative Assembly

Back 19

is the lower house and has 88 members, one member of Parliament per electorate

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Legislative Council

Back 20

is the upper house and has 40 members, five per eight regions

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Role of the House of Representatives

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initiates laws, detirmines the Government, represents the people, publicises and scrutinises Government administration and controls Government expenditure

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Role of the Senate

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make laws, house of review and state's house

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Preferential Voting

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is a redistrobution of the lower votes to the next best preference

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Proportional Voting/First Past the Post

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only looks at the first preference and the obvious winner wins

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Representative Government

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is a principle by which government should operate where members of Parliamentt are democratically elected to create laws that reflect the values and expectatoins of their constituent/electorate

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Responsible Government

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is a principle by which government should operate where the democratically elected government and poarliament must be answerable and accountable to the people for its actions

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Separation of Power

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provides a system of checks and balances so that no single body holds absolute authority (and therefore prevents abuse of power), the three bodies are the legislative, executive and judicial branch

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Legislative Branch

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has the law-making power

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Executive Branch

Back 29

has the administration of laws power and business of government power

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Judicial Branch

Back 30

has the power of applying the law

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Commonwealth of Australia Constitution Act 1900 (UK)

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is a set of rules or principles for the Commonwealth of Australia

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Constitutional Monarchy

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means everything is surrounded by the Constitution (elected or hereditory)

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Referendum

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is the process which allows the Constitution to be formally altered

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Democracy

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is a system where everyone gets a say

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Division of Power

Back 35

is shown in the model of the principle of seperation of powers

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Regular Elections

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means that the actual voting for a part varies in frequency

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Electorates

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there are 150 in all of Australia

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Bicameral

Back 38

is a Parliament with an upper and a lower house

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Commonwealth Parliament

Back 39

is the same as Federal Parliament

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Federal Government

Back 40

has power in all of Australia

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Executive Branch

Back 41

is the same group of people as the cabinet

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Political Parties

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are all the groups that are going for a position in the House of Representatives

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Prime Minister

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is the person who represents the party who has the majority of seats in the House of Representatives

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Federal Opposition Leader

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is the person that represents the party who came second in the election

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State Government

Back 45

has the power in the certain state it represents

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Premier

Back 46

is the person who represents the party that has the majority of seats in the Legislative Assembly

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State Opposition Leader

Back 47

is the person that represents the party who came second in the election