Chapter 5 and 6: Law in society, law making in parliament

Question 1

Rule of law

Answer 1

The principle that all individuals are equal before the law. Laws must be based on consent, be consistent involve consistent procedures and apply to all actions of government and individuals.

Question 2

Criminal law

Answer 2

This law covers those actions regarded as dangerous to the community and are prohibited by statutes which allow individuals to be prosecuted.

Question 3

Civil law

Answer 3

Laws that regulate the conduct of individuals and classified as either contract law or tort law (actions that injure or harm other individuals)

Question 4

Contract law

Answer 4

Disputes about breaches of contract

Question 5

Torts

Answer 5

Actions that are considered ‘wrongs’ and injure others, such as negligence, trespass, defamation.

Question 6

Functions of law

Answer 6

Promote and represent community values, provide a basis for community protection, regulate and control basic human activities, provide a structure to create, alter and enforce laws

Question 7

Statute law

Answer 7

Laws that have passed through and been created in parliaments once they have passed all stages required.

Question 8

Delegated legislation

Answer 8

Laws which empower government departments and statutory authorities eg Western Power, to create legally binding regulations.

Question 9

Functions of parliament

Answer 9

Initiating, debating and approving changes to law; appointing and dismissing executive; approving expenditure by executive; providing a forum for debate.

Question 10

Bill

Answer 10

A legislative proposal which is formally introduced into parliament and if passed, becomes law.

Question 11

Legislative Assembly

Answer 11

The lower house of the WA parliament and is the house of government.

Question 12

Hung parliament

Answer 12

A parliament in which no party or group of parties has a majority. The lack of a majority in the lower house results in a minority government. The government is dependent on the support of minor parties or independents to pass legislation eg the Gillard government of 2010-2013.

Question 13

Select Committee

Answer 13

A short term committee set up by the parliament to carry out a specified investigation. They act under defined terms of reference and case to exist when they report back to parliament.

Question 14

Standing committee

Answer 14

Long term parliamentary committees set up under Standing orders and exist for the life of a parliament. They are a major feature of Senate activity and examples include the Privileges Committee.

Question 15

Royal assent

Answer 15

This occurs when the Governor or Governor General signs a bill on behalf of the Queen so it becomes an Act. It is subsequently proclaimed before it becomes law.

Question 16

Second reading

Answer 16

This is a more detailed stage of passing a bill, where the responsible Minister describes the intent of the bill and it is debated.

Question 17

Speaker

Answer 17

The presiding officer of the lower house of parliament who manages procedures in the house and applies Standing Orders. The can vote on all matter and are an elected MP.

Question 18

President (Legislative Council/Senate)

Answer 18

The presiding officer of the upper house. The officer is a member of parliament who manages procedures in the house and applies Standing Orders. They can only vote in the event of a tied vote.

Question 19

Proclamation

Answer 19

This is the official announcement of an Act of parliament, which tells when the new law will take effect.

Question 20

Private Members’ Bills

Answer 20

These make up a tiny proportion of bills which come before parliament and can be considered a non executive bill. Any MP who is from the Opposition, an independent or a government backbencher can initiate a bill, which is usually highly contentious eg euthanasia.

Question 21

Office of the Parliamentary Counsel

Answer 21

The writing of legislation is carried out by this office comprised of a group of legally trained public servants who create bills and then statutes under instruction from the government.

Question 22

Public law

Answer 22

Constitutional law, Industrial relations law and Criminal law.

Question 23

Common law

Answer 23

Law that is based on previous judgements of the courts. It provides a body of decisions for those areas of laws not covered by statutes and whose core principle is stare decisis (to stand by what has been decided)

Question 24

First Reading

Answer 24

Where a clerk of the parliament announces the title of a bill to be presented to the parliament and members are provided a copy of the bill.

Question 25

Standing Orders

Answer 25

The printed and formal rules which set out the procedures to be followed out in the parliament covering the conduct of business such as voting procedures and presided over by the Speaker (lower house) or the President (upper house)

Question 26

Speaker (Legislative Assembly/House of Reps)

Answer 26

The presiding officer of the lower house of parliament who implements Standing Orders and is an elected MP who can vote on all matters.

Question 27

Legislative Assembly

Answer 27

The lower house of the state parliament in most states including WA.