LEGAL STUDIES UNIT 1 CHAPTER 01- Law In Society

Question 0

❓❓❓NON LEGAL RULES

Made by?
Enforced by? 
Apply to?
Consequence for breaking?
Interpreted by?

Answer 0

MADE BY
-private individuals or groups e.g. Company, school, sport club

ENFORCED BY
-people who make the rules/ are involved/ adopt the rules

APPLY TO
-people involved in the group e.g. Students, members of club

CONSEQUENCE FOR BREAKING
-depends on each group

INTERPRETED BY
-the group that made the rule

Question 1

❓❓❓LEGAL RULES

Made by?
Enforced by? 
Apply to?
Consequence for breaking?
Interpreted by?

Answer 1

MADE BY
-court, parliaments, councils

ENFORCED BY
-courts, police

APPLY TO
-everyone in country/state

CONSEQUENCE FOR BREAKING
-punished by courts

INTERPRETED BY
-court

Question 2

❓❓❓What are four reasons to have laws? (PEPR)

Answer 2

• Protect the individual (assault, rape, theft)
• Effective functioning of the community (contract/family law)
• Protect the community (laws against pollution, drink driving)
• Resolve conflicts and disputes (courts, tribunals, mediation)

Question 3

❓❓Name and describe the five characteristics of an effective law

Answer 3

KNOWN TO THE PUBLIC
-if people do not know the law, they are not able to follow it

ACCEPTABLE TO THE COMMUNITY
-if people in the community do not like the law, they are less likely to follow it

ABLE TO BE ENFORCED
-must be enforceable (people will be punished if they break it)

STABLE
-if the law keeps changing, it is difficult to follow

ABLE TO BE CHANGED
-the law must be able to change in accordance with societies values and technologies to be up to date

Question 4

☀️☀️☀️CIVIL LAW

Answer 4

• Relates to disputes between two parties

EXAMPLES OF CIVIL LAW

• tort law (negligence, trespass)
• family law (marriage, divorce, adoption)
• workplace law (work condition, OH&S)
• consumer law (advertising law, fair trade law)
• property law (wills, real estate sales)

Question 5

❓❓❓What is the main aim of civil law?

Answer 5

-to return the person whose rights have been infringed to their original position (make up for their loss)

Question 6

☀️☀️☀️CRIMINAL LAW

Answer 6

• relates to actions or omissions against society
• between society and an individual

EXAMPLES OF CRIMINAL LAW

• crimes against the person (assault , murder)
• crimes against property (property damage, theft, robbery)
• crimes against legal system
• crimes against the state (treason)

Question 7

❓❓❓What is the main aim of criminal law?

Answer 7

-to apprehend, prosecute and deter others from breaking the law

Question 8

❓❓❓What are the three sources of law in Australia?

Answer 8

• parliaments
• courts
• subordinate authorities

Question 9

☀️☀️☀️PARLIAMENTS

Answer 9

-there are 9 parliaments in Australia

• the commonwealth parliament (aka federal parliament) is in Canberra
• 6 State parliaments
• 2 territory parliaments

Question 10

☀️☀️☀️COMMONWEALTH PARLIAMENT

Answer 10

• came into existence in 1901(originally based in melbourne)
• needed to happen because Australia became a federation, instead of six British colonies
• cth parlt was granted jurisdiction (areas which they can make laws) over specific areas outlined in the constitution

CONSTITUTION= the laws that created a new country
LEGISLATION= law

Question 11

❓❓❓Name some exclusive powers(belong only to cth parlt)

Answer 11

-Defence, immigration, currency, customs

Question 12

❓❓❓Name some concurrent powers (shared between cth and state parliament)

Answer 12

-marriage, taxation, bankruptcy

Question 13

❓❓❓Name some residual powers (states only)

Answer 13

-education department, transport department, health department, tourism department

Question 14

❓❓❓Why are parliaments “bicameral”?

Answer 14

Because they have two houses, lower and upper

Question 15

❓❓❓What is the role of parliament?

Answer 15

-to pass laws for the government of the country or state

Question 16

☀️☀️☀️STATE PARLIAMENT

Answer 16

• can make laws in all areas except those exclusively for cth parlt
• receive money from cth, therefore cth gets to ‘have a say’ in state matters

Question 17

☀️☀️☀️TERRITORY PARLIAMENTS

Answer 17

-similar powers to state but their laws can be overturned by fed parlt

Question 18

❓❓❓Who is the Queen’s representative in the Commonwealth Parliament and the Victorian Parliament?

Answer 18

C/W
-Governor General

Vic
-governor

Question 19

❓❓❓What is the name of the Upper House in the commonwealth parliament and the Victorian parliament?

Answer 19

C/W
-senate

VIC
-legislative council

Question 20

❓❓❓What is the name of the lower house in the commonwealth parliament and the Victorian parliament?

Answer 20

C/W
-house of representatives

VIC
-legislative assembly

Question 21

❓❓❓What is the difference between the parliament and the government?

Answer 21

PARLIAMENT

• consists of elected members
• government resides on parliament

GOVERNMENT

• the party in charge of the parliament
• is elected by the public

Question 22

❓❓❓What is the cabinet?

Answer 22

-made up of the prime minister/premier and senior ministers and decides what proposed laws should be put to parliament

Question 23

☀️☀️☀️SENATE

Answer 23

• 76 seniors, 12 from each state, 2 from each territory

- elected for 6 years, half of them are reelected every 3 years

Question 24

❓❓❓What is the role of the senate?

Answer 24

• house of review (it reviews bills passed from house of reps)
• states house (each state has equal representation)

Question 25

❓❓❓How many members are their in the legislative assembly?

Answer 25

-88, each responsible for an electoral district

Question 26

❓❓❓What is the role of the legislative council?

Answer 26

-to review bills from the legislative assembly and can introduce their own laws

Question 27

☀️☀️☀️DELEGATED BODIES

Answer 27

-given power to make delegated legislation

Four types

• statutory authorities
• governments departments
• executive council
• local councils

Question 28

☀️☀️☀️COURTS

Answer 28

• they interpret the law
• in a grey area, they have to make a decision
• if a grey area comes up again, they must make the decision (called following a precedent
• collection of precedents is called COMMON LAW or ‘judge-made’ law

Question 29

❓❓❓Who forms the government in the State Parliament And the Commonwealth Parliament?

Answer 29

C/W
-from a majority in the house of reps

VIC
-from a majority in the legislative assembly

Question 30

❓❓❓Can the State parliament and the Commonwealth Parliament review bills?

Answer 30

C/W
-can review bills passed by senate

VIC
-can review bills passed by legislative council

Question 31

❓❓❓What is the term of employment in the State Parliament and the commonwealth parliament?

Answer 31

C/W
-not fixed, about 3 years

VIC
-fixed, 4 years