Area of study 1 Flashcards
(14 cards)
What are the needs for law?
Protection, reflect society values, resolution of disputes and establishing a code of conduct.
What makes an effective law?
Laws must be known and understood
- not known = not understood = not followed
Reflect societies values and be accepted
- don’t value = don’t follow
Laws must adapt to change
- change with changes in society
Stable and consistent
- constantly changing = not knowing the law
Enforceable
- if law is broken, most likely punished and caught.
What is criminal law?
Related to acts or omissions against society.
When law is broken, police in behalf of the community take the offender to court.
Main aim is to prosecute/punish those who have broken the law + deter others from breaking the law.
What is civil law?
Disputes between 2 parties (individuals/companies/government.)
Person who’s rights are infringed, sues the other person for the damage done + asks for compensation.
Main aim is to return the infringed person’s rights back to their original position.
Different names for parliament made laws.
Legislations
Acts
Statutes
What does the state parliament deal with?
Crime/police Licences Driving laws Education Public transport Health
What does the commonwealth parliament deal with?
Immigration Border protection Imports+exports Communications Currency/money Marriage Army/defence
State the details of the upper house
In Australia is called the senate.
In Victoria is called the legislative council.
State details of the lower house.
In Australia is called the House of Representatives.
In Victoria is called the legislative assembly.
Order the process of how parliament makes laws.
Idea for change Cabinet develops policy Bill is drafted Introduction to parliament/initiation First reading Second reading Committee stage (optional) Third reading Passed by first house Introduction to second house First/second/third reading Royal assent Proclamation New law
What happens at the first reading of a proposed law?
Minister will read the full title of the bill, ask that it will be printed/distributed to the house. A speech will be made to support the bill.
What happens at the second reading of a proposed law?
The broad principles of the bill is outlined to the parliament, the bill will be debated upon.
What happens during the committee stage of a proposed law?
Allows further consideration in detail if not everyone is in agreeance, research can be conducted and external experts can be used. A vote occurs.
What are the key differences between legal and non legal rules?
Who they are created by, who they apply to and who they are enforced by.
