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32 Cards in this Set
- Front
- Back
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Definition of rules and laws. |
(Non- legal rules) rules: Made by and only affect people in families, schools, sporting clubs, religious and other organisations. (Legal rules) laws: Rules created by lawmaking bodies, such as courts and parliament. |
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Differences between rules and laws. |
Rules: - To be obeyed by specific individuals or groups. - Made by individuals, organisations or groups. - Enforced by leaders of a group or individuals. - Set to prepare people for living in accordance with laws. - Consequences are flexible. Laws - Obeyed by the whole of society. - Made by a law-making body. - Enforced through the government(police & courts). - Set to keeping order in society. - Consequences are harsher. |
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Similarities between rules and laws. |
- Both provide a code of conduct of what is acceptable behaviour. - Provide a consequence if the rule is breached. - Restrict certain actions of individuals. - Acknowledge the rights and responsibilities of individuals. |
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Functions of laws. |
Social cohesion- Laws enable people within society to live together harmoniously by recognising our rights and the rights of others. Provides for changes- Laws need to be able to meet the changing needs of society. Reflect community values- Laws reflect the political, economic, social and moral values of the community. Resolves disputes- The role of the courts is to interpret and apply the law when it is broken. Establish a code of conduct- Laws set out the boundaries of acceptable behaviour. |
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Characteristics of an effective law. |
Laws must reflect community values and be accepted |
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Separation of powers.
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The doctrine of the separation of powers in Australia divides the institutions of government into 3 branches: legislative, executive and judiciary. Institutions are separated so that no one branch of gov. has control and each section can act as a check and balance on each other (democracy is protected). Legislative- Has the power to make the laws. Executive- Has the power to put the laws into operation. Judiciary- Has the power to interpret the law. |
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Constitution |
A legal document that outlines the basic rules of government and the law making powers of parliament. It is important because: - It outlines our express rights. - Outlines the structure of the Commonwealth parliament. - Gives the High court the power to interpret the constitution. Countries that don't have a constitution: NZ, UK and Israel. |
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Implied rights |
Rights that are not clearly outlined in the words of the constitution, however are nevertheless suggested or inferred by them. - right to do process - freedom of political communication |
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Express rights |
Rights that are clearly outlined in the text of constitution. They are clear, concrete and can only be removed by changing the wording of the constitution. - freedom of religion - no discrimination based on which state you live in. - trial by jury. |
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Bill of rights (Australia does not have a bill of rights) |
The bill of right a.k.a declaration of rights or a charter of rights is a list of the most important rights to the citizens of a country. It is to protect those rights against infringement from public officials and private citizens. Countries: England, America & Finland |
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Parliament. |
An assembly of elected representatives, which has two houses that make laws for the country or state/territory. |
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State parliament Lower house (legislative assembly). - Represented by Governor |
No. of seats- 88 Election- every 4 yrs Role- Forms gov, introduce and pass bills and represents the interests of the majority of voters. |
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State parliament Upper house (legislative council) |
No. of seats- 40 Election- every 4 yrs Role- Has the power to introduce bills, but mainly review bills passed by legislate assembly. |
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legislative (laws) process |
Step 1- A proposed new law or changed law is discussed in cabinet. Step 2- If the government decides to proceed, government lawyers are asked to draft a bill. Step 3 (First reading): Copies of the bill are given to the members of the low house to read the bill. Step 4 (Second reading): The responsible minister describes the main purpose & likely benefits of the bill. Debates are taken place and a vote is taken place as well. If majority rules, the Bill moves on to next stage. Step 5 (Committee stage): The Bill is debated once again, but carefully and in parliamentary committees. Changes to the Bill may be made. Step 6 (Third reading): The bill with changes goes through a 3rd reading in the house of reps. A vote is taken place. If the majority rules, the Bill is passed through the Senate. Step 7 (Senate): The bill goes through the similar process outlined in steps 3-6. If the Senate decides to make change, it is referred back to the House of reps for another debate & vote. the senate can also refuse to approve a Bill. If approves it is then sent to the Governor- General. Step 8 (Governor- General)- If the Governor- General approves and signs the Bill, it becomes an act of parliament. |
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Government |
The group of people with the authority to govern a country or state, a particular ministry in office. |
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Division of powers |
The division of powers is an arrangement that sets out the way law making powers that are divided between 3 levels of government. Federal- Makes laws on issues that affect the whole country. (immigration, marriage & defence) State- Makes laws that are applicable to Victoria only. (housing, prisons & public transport). Local- Looks after areas directly related to the suburb in which we live in. (parking, rubbish collection & childcare). |
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Governor General & Prime minister |
Governor- General- Main roles is to act as the Queen's representative. They conduct duties like ceremonial activities. Prime minister- Head of cabinet, leader of the government and key spokesperson for Australia. |
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Federal Parliament Lower house (House of reps) - Represented by Governor- General |
No. of seats- 150 Election- every 3 yrs. Role- Form gov, decide matters of national interests, examine issues in committees and scrutinise executive gov. |
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Federal Parliament Upper house (Senate) |
No. of seats- 76- 12 for each state & 2 for each territory. Election- State- 6yrs & Territory- 3 yrs Role- - Propose, debate & vote on bills and amendments. - Represents the interests of people in their states or territories. |
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Making laws |
1- Deciding on a new issue that is brought before them where no previous law exists or applies. 2- Statutory interpretation: Interpreting laws made parliament. Judges can make laws if: - In a superior court. - There is no previous law. |
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Federation |
Before 1901- Australia was one continent with 6 colonies. On Jan, 1901- Australia was formed. |
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Snail in the bottle case (Donoghue v. Stevenson) 1932 |
Facts: 1- Donoghue and a friend went to a cafe together in Scotland. 2- Her friend brought a ginger beer bottle 3- Donoghue found a snail at the bottom of her ginger beer bootle after she had drunk it. 4- As a result, she felt sick (stomach aces, gastro and stress) 5- She could not sue the shop owner as her friend purchased the drink. 6- Donoghue then sued the manufacturer and won.
Revenant law: - Individual contract- but Donoghue buy the drink herself, her friend did. Therefore, no individual contract between Donoghue and the company existed. - Due to the facts of the case, no previous law applied. Therefore, the judge made a new law. Significance of case: - Established the tort of negligence case- the courts made new law regarding the 'neighbour' principle (duty of care). - The court decided that manufacturer owed a duty of care to the consumer of their product (even if they didn't physically purchase it). |
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Doctrine of precedent |
The reasoning behind a court decision that establishes a principle or rule of law that must be followed by other courts lower in the same court hierarchy when deciding future cases that are similar. - Creates consistency & predictability |
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Negligence, tort and duty of care |
Negligence- Failure to take proper care over something. Tort- A wrongful or and infringement of a right other than under contract. Duty of care (neighbour principle)- Someone who was affected by your acts or omissions and were reckless in preventing a foreseeable injury. |
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Civil law |
Concerns when a person's rights have been infringed. It aims to compensate the person in a way that they will be restored to the position the they were in before the incident. Actions against: - Trespass - Family law - Industrial law |
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Criminal law |
Concerns with criminal behaviour which is against the law and harmful to society, and sets out the sanction which will be imposed on those who breach the laws. |
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Crime |
An act or omission (failure to act) that is regarded as unacceptable according to the law at the time and is punishable by the state authorities. |
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Purpose & function of criminal law |
Criminal law reflects society's views about conduct the community regards as unacceptable. It also performs a balancing act: - To protect the interests of society by bringing offenders to justice. - While protecting the rights of members of society to act freely. |
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Sources of criminal law (Types of offences) |
Indictable offence- A serious offence that is dealt with by the County or Supreme court that is heard in front of a jury and judge. (Murder, rape & fraud). Summary offence- A less serious offence that is dealt with by the Magistrates Court without a jury. (traffic offences, shoplifting & littering) Indictable offence heard summarily- A less serious offence that can be heard as they were summary offences. (extortion with the threat to kill, causing serious injury recklessly & robbery) |
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Features of a crime |
Against the law: - An act such as murder is against the law in vic. - An omission, such as leaving out essential info in a financial document is also against the law in vic. Against morality: - Morality is the system of values we all have based on a sense of what is right or wrong. - Our society values the preservation of human life, which means that murder, rape and assault are criminal offences. Punishable: - Anyone found guilty of committing a crime can be punished by receiving a sanction. - Sanctions include fines or imprisonment. Harmful to society: - A crime can harm society by causing physical or mental injury. (murder, assault). - A crime can harm society by causing economic loss (theft, fraud). - A crime can harm society by causing damage to society (corruption, pollution). |
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Participants in a crime |
Principal offender- The person/s who actually commit/s the crime. Accessory- A person who impedes the punishment of the principal offender. Abettor- A person who aids, abets, counsels or procures the commission of an offence. Primary liability: The level of responsibility of the offender in the crime. |
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Principles of criminal liability |
Mens rea- A guilty mind or the intent to commit a crime. Actus reus- The wrongful act of committing a crime. Standard of proof- is required to establish that the defendant is guilty in a criminal trial is beyond reasonable doubt. If it is clear that the defendant may not have committed the crime, he or she may be set free. Burden of proof- The burden of proof in our legal system lies with the prosecution, sometimes referred to as the Crown. It is the role of the prosecution to prove that the accused committed the crime. Presumption of innocence (innocent until proven)- The accused persons have a right to silence because they do not have to prove they did not commit the crime. It is up to the prosecution to prove this. Age of discretion: In Victoria, children less than 10 yrs cannot be charged with a crime as a child does not understand the consequences of their actions. Children between 10-14: Can be found guilty mens rea is proven. Children over 14: Can be charged with committing a criminal offence. Mischievous discretion: The child knew that the act was seriously wrong, more than just naughty. |
