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47 Cards in this Set

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Civil Law
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.
Criminal Law
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.
Judge-Made Law
the development of legal principles through the declaration of common law or statutory interpretation.
Legal Rules
laws created by institutions within the legal system and enforced by the legal system
Non-Legal Rules
rules established within a group but not laws generally enforceable in the community.
Norms
social expectations within social groups
Statute Law
Acts of Parliament
Subordinate Authorities
bodies to whom Parliament can delegate law-making powers
Tort
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
Common Law
is case law developed in the courts, this term is sometimes used to describe all case law or judge-made law
Composition
the nature of something's ingredients or constituents, the way in which a whole or mixture is made up
Safe Electorate
is an electorate that has one sided voting
Federal Parliament
is in Canberra, includes the Governor-General, the House of Representatives and the Senate
State Parliament
is in Victoria/Western Australia/South Australia/New South Wales, includes the Governer, Legislative Assembly, Legislative Assembly
Governor-General
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
House of Representatives
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
Senate
is the upper house and has 76 senators (6 years), 12 per state and two per territory has equal population representation
Governor
represents the crown
Legislative Assembly
is the lower house and has 88 members, one member of Parliament per electorate
Legislative Council
is the upper house and has 40 members, five per eight regions
Role of the House of Representatives
initiates laws, detirmines the Government, represents the people, publicises and scrutinises Government administration and controls Government expenditure
Role of the Senate
make laws, house of review and state's house
Preferential Voting
is a redistrobution of the lower votes to the next best preference
Proportional Voting/First Past the Post
only looks at the first preference and the obvious winner wins
Representative Government
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
Responsible Government
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
Separation of Power
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
Legislative Branch
has the law-making power
Executive Branch
has the administration of laws power and business of government power
Judicial Branch
has the power of applying the law
Commonwealth of Australia Constitution Act 1900 (UK)
is a set of rules or principles for the Commonwealth of Australia
Constitutional Monarchy
means everything is surrounded by the Constitution (elected or hereditory)
Referendum
is the process which allows the Constitution to be formally altered
Democracy
is a system where everyone gets a say
Division of Power
is shown in the model of the principle of seperation of powers
Regular Elections
means that the actual voting for a part varies in frequency
Electorates
there are 150 in all of Australia
Bicameral
is a Parliament with an upper and a lower house
Commonwealth Parliament
is the same as Federal Parliament
Federal Government
has power in all of Australia
Executive Branch
is the same group of people as the cabinet
Political Parties
are all the groups that are going for a position in the House of Representatives
Prime Minister
is the person who represents the party who has the majority of seats in the House of Representatives
Federal Opposition Leader
is the person that represents the party who came second in the election
State Government
has the power in the certain state it represents
Premier
is the person who represents the party that has the majority of seats in the Legislative Assembly
State Opposition Leader
is the person that represents the party who came second in the election