Chapter 1 Key Terms Flashcards
Who are Non-Legal Rules made by and who do they affect?
Non-legal rules are made by and only affect people in families, schools, sporting clubs, religious denominations and other organisations.
Who creates Legal Rules?
Legal rules are rules created by lawmaking
bodies, such as courts and parliament.
Who does Legal Rules apply to?
Legal rules generally apply to all members of a particular society
What is Criminal Law?
Criminal law is an area of law concerned with behaviour that is
against an existing law and is harmful to society
What is Civil Law?
Civil law is an area of law covering the infringement of a person’s rights, and aims to restore the affected person to their original position or to compensate for their loss
What are Laws?
Laws are legal rules that apply to all members of society, and are made and enforced by bodies such as courts and
parliament.
What are the 4 Needs for Laws?
- Establishing a code of conduct (eg. Drink driving)
- Protecting the community from harm (eg. cyclists wearing helmets)
- Reflecting changing values and circumstances (eg. Cyberbullying)
- Resolve disputes (eg. Neighborhood Disputes)
What are the 5 characteristics of an effective law?
- The law must be known and understood
- The law must reflect values and be accepted
- The law must be able to adapt to change
- The law must be stable and consistent
- The law must be enforceable
What are the two types of Parliament?
The two types of Parliament are the State Parliament and the Federal Parliament
What does a Bi–Cameral System mean?
A Bi–Cameral System is having two houses of Parliament
What are the two houses called in Federal Parliament?
The Senate - Upper House
The House of Representatives - Lower House
What are the two houses called in State Parliament?
The Legislative Assembly - Lower House
The Legislative Council - Upper House
How many members are there in the Senate?
76 members - 12 from each state and 2 from the territories
How many members are there in the House of Representatives?
150 members meaning 76 would secure majority
How many members are there in the Legislative Assembly ?
88 members
How many members are there in the Legislative Council?
40 members
What is the Government?
Government is the political party that wins a majority of seats in the Lower House
What is Parliament?
Parliament is all the elected members in both houses from all parties, government and opposition
What is an Electorate?
An Electorate is a body of people allowed to vote in an election
What are the 4 Powers in relation to law making?
- Exclusive Powers – Powers that are only possessed by the Federal Government (eg. Immigration)
- Concurrent Powers – Powers that both Federal and State possess (eg.tax)
- Specific Powers – Powers that are written in the Constitution (both Exclusive and Concurrent)
- Residual Powers – Powers that are not written in the Constitution so therefore are State Powers (eg. Adoption)
Difference between a Bill and an Act?
Bill is a proposed law whereas an Act is a law that has been passed by Parliament
What are the 7 formal steps to pass a law?
1st reading (upper or lower), 2nd reading, 3rd reading, 1st reading (in other), 2nd reading, 3rd reading, Royal Assent
What is the Constitution?
a document which sets out the power of the parliament (note. not actually a law itself)
What is the difference between Governer and Governer Genreal
The governer is a queens rep from state level and other is fed
