Commerce Task 1 Flashcards
(195 cards)
1
Q
What are the three ‘arms’ of government?
A
Judicial, executive, legislative.
2
Q
What is the ‘legislative’ arm responsible for?
A
Making laws, changing laws or revoke existing laws.
3
Q
What does the ‘legislative’ arm consist of?
A
The legislative arm is the parliament, consisting of the House of Representatives and Senate. Along with the Governor-General.
4
Q
What is a bill?
A
A proposed law that is debated and voted on by both houses of the parliament and approved by the Govenor-General. It then becomes known as an Act/Statute.
5
Q
What is the ‘executive’ arm?
A
Putting laws into action by creating policies and ensuring laws are applied.
6
Q
Where does power lie within the ‘executive’ arm?
A
Power officially lies with the Governor-General but is usually exercised by government ministers.
7
Q
Give an example of how a person from the ‘executive’ arm puts laws into place.
A
A minister for defence is responsible for administering all laws relating to defence forces.
8
Q
What does the ‘executive’ arm do?
A
Managing police, running government services and enforcing immigration/tax laws.
9
Q
Legislative is related to legal rules, what are executive and judicial arms related to?
A
Processes and institutions
10
Q
What is the ‘judicial’ arm?
A
Enforce the law and settle disputes using courts, judges or a jury.
11
Q
What does the judicial arm do?
A
Ensure the law is applied fairly and equally to everyone
12
Q
Why can the judge make decisions without fear or favour?
A
Once a judge has been appointed, they cannot be easily removed by the executive arm which allows them to be independent and make decisions without fear or favour.
13
Q
Why do we have the separation of powers?
A
To prevent the abuse of power as well as protect democracy and individual rights. It is designed so that no one part of the government can act alone without being challenged or held responsible, making the government more fair, accountable and democratic.
14
Q
What would happen if there were no separation of powers?
A
If one person/group had all the power, they could take advantage. The separation of powers stops any one branch from becoming too powerful.
15
Q
What is the difference between separation and division of powers?
A
Separation of Powers refers to the functions of the government being separate as division of powers keeps the levels of the government geographically separate.
16
Q
Within the Parliament federal government, who are the separation of powers?
A
Governor-General, House of Representatives, Senate.
17
Q
Within the Executive State Government, who are the separation of powers?
A
Governor-General, Executive Council, Premier/Chief Minister, Cabinent, Ministers
18
Q
The concept of the Separation of Powers traces back to..?
A
The signing of the Magna Carta in England 1215.
19
Q
What problems did the founding fathers consider when developing the Constitution?
A
They wanted to ensure politicians could not gain more power for themselves and that the most populous states (NSW & VIC) could not dominate the government in a way that would disadvantage the other smaller states.
20
Q
What chapter and section of the constitution describes the process on how it can be changed?
A
Chapter VIII (8), Section 128.
21
Q
What is the first step for the constitution to be changed?
A
Changes must be approved by a majority of members of both houses of the federal parliament. (senate & house of representatives)
22
Q
How do citizens vote for a change in the constitution, how long after it was approved by the parliament?
A
Citizens vote through a referendum within 6 months of being approved by the parliament.
23
Q
What is the format of a referendum?
A
In the form of a question, asking citizens whether or not they approve of the change with the voters writing “yes” or “no”.
24
Q
How does this change get approved AFTER a referendum vote?
A
More than 50% of all voters must vote yes to the proposal and there must be a majority in favour in at least four of the six states. If these requirements are met, the proposal goes to the Governor-General for final approval and the change is made to the constitution.
25
Why were referendums made?
To ensure any changes made to the constitution would be democratic and difficult to pass without strong support and is fair to all states. Therefore the constitution can only be changed through a vote of the people.
26
What is a double majority?
The requirement of having a majority of vots as well as a majority in at least 4/6 states.
27
Why was concept of the the Double Majority introduced?
The founding fathers wanted to ensure states with larger populations could not out-vote the states with smaller populations.
28
How can people propose to change a part of the constitution?
- A number of state governments may meet and decide a particular change will be valuable
- Community pressure which leads to the government recognising a need for change (e.g 1960's Indigenous Australian's proposal)
29
What must a proposal to change the constitution have before it can be put to a referendum?
Majority support from the parliament.
30
Why do laws change?
New laws develop and old ones are scrapped due to changes in social values, technology and political circumstances.
31
Name an example of a law that has changed.
Opening retail stores on Sunday used to be illegal, now it is legal.
32
What event sparked major changes to Australia's security laws?
The 9/11 terrorist attacks on the World Trade Center and Pentagon in the USA
33
Who was allowed to vote in the elections of Australian colonies in the 1840's and before?
Only males who were 21+ and owned/rented property were allowed to vote. Far from democratic.
34
How did the Eureka Stockade lead to an expand on voting rights in Australia?
On December 3 1854, the Eureka stockade (situated at Ballarat Goldfields), led by Peter Lalor, was one of the earliest instances of a group of miners joining together to apply pressure on authorities to change the law. After this battle, men aged 21 and over were allowed to vote under the principal 'one person one vote'.
35
When did the vote for women become a basic demand in Australia?
1880's.
36
How did women fight for their right to vote in Australia?
Thousands of both women and men participated in rallies, demonstrations and political campaigns to change the law to provide equality of voting. Women's suffrage on the right to vote was actively pursued and in 1884 the first women's suffrage organisation was formed in Victoria.
37
When were women allowed to vote?
South Australia - 1894, Women 21+
Other colonies then followed but it wasn't until 1902 that women in NSW were allowed to vote.
38
How does widespread internet use in Australia put people at risk?
There are growing threats and increased opportunities for identity theft, financial fraud and access to confidential data.
39
How do the new federal laws address internet crimes like hacking, copyright infringement etc?
Internet service providers (ISP's) collect and retain emails, text messages and other online data which is made available to the police, foreign law enforcement and intelligence agencies (e.g FBI, CIA)
40
What are the three levels of government?
Federal, state, local.
41
What does each level of government do?
Have their own power to make decisions, separate responsibilities and are elected by people.
42
The Australian Constitution outlines the powers of which parliament?
Federal, and some state.
43
Which level of government has their own constitution besides federal?
State
44
Two houses of federal parliament?
Upper house - senate
lower house - house of representatives
45
Who is the head of federal government?
Prime minister
46
What is the role of other ministers in federal government?
They look after particular government portfolios, a specific area of responsibility/duty. E.g health portfolio oversees hospitals, public health and medical services.
47
What is the cabinet's role in the Federal Government? (and who is in it?
Includes the prime minister and senior ministers who make key government decisions.
48
What is the role of the governor-general?
They represent the British Monarch and acts on advice given to by the prime minister and other ministers.
49
How does the federal government obtain income?
From the taxation of people and businesses
50
What does the federal government do? Include some of their responsibilities.
They control things which affect us all, regardless of where we live. Responsibilities include air travel, currency, defence, immigration, medicare, taxation, trade etc.
51
How often do we vote for a new prime minister?
Every 3 years.
52
How often do we vote for a new premier? (state)
Every four years
53
What are the two houses of the NSW State Parliament.
Upper house - legislative council.
Lower house - legislative assembly
54
Who is the head of state government? What do they do?
The premier - in charge of running the state, making decisions and leading ministers, working through the lower house
55
Who is the head of state? What do they do?
The governor, who represents the king and gives royal assent to laws, appoints the premier and ministers.
56
Is the governor elected by people?
No
57
Where does the state government obtain their income from?
Federal government grants, property, payroll taxes
58
What are state governments in charge of? Include responsibilities.
They control things which affect citizens within their individual state and aren't already a responsibility from the federal government. Responsibilities include education, community services, emergency services, public transport, roads and railways.
59
How often do people vote for local government representatives?
Every four years.
60
How many LGA's (Local Government Areas) are in Australia?
550
61
What are LGA's also referred to as?
Councils/shires
62
Who decides the geographical area of local governments?
The state
63
Who is the head of the local councils/LGA's
The mayor
64
How do LGA's operate? What do they do?
Under state government legislation, they make rules on local issues.
65
Where does the local government obtain income from?
Land rates
66
What is the local government responsible for? Include examples of responsibilities
The needs of citizens in a particular area/LGA. E.g libraries, parks, rubbish collection, streets, swimming pools, sewerage.
67
What is domestic law?
Rules citizens must follow within their country.
68
What is international law?
Standards of acceptable behaviour for nations and their citizens regarding crossing borders or global issues, aiming to promote peace and cooperation.
69
What does breaking domestic rules lead to?
Legal consequences involving the country's legal system.
70
How are international laws created?
Through treaties or conventions
71
What is the most famous international law?
The Charter of United Nations
72
What is the UN responsible for?
Establishing and enforcing international laws
73
What happens if there are disputes relating to international law? OR conflict between nations?
The UN will step in and deploy peacekeepers.
74
What two important tools does the UN use to help enforce international law?
International Court of Justice (main court for countries, not people) and UN security council which deploys peacekeepers
75
What is a treaty?
A form of contract between two parties (e.g two countries/two international organisations)
76
What are peacekeepers?
Military/other personnel who help countries experiencing conflict create conditions for peace. They provide security and peace building support to help countries make the transition from conflict to peace.
77
What is a crime?
Behaviour considered to be unacceptable by the state and deserves prosecution/punishment.
78
What is age of criminal responsibility.
When a person can be prosecuted for an offence because they're considered to know the difference between right and wrong, the age in Australia is 10.
79
What are indictable offences? give 3 examples
Serious crimes heard in district and supreme courts, guilt is determined by a judge or jury. 3 examples are armed robbery, child abuse and murder.
80
What are summary offences? Give 3 examples.
Less serious crimes dealt with relatively quickly and cheaply by a magistrate in a local court. E.g minor assaults, traffic infringements vandalism.
81
What is a court order?
A legal decision made by a judge telling someone to do/don't do something. Examples include restraining order, parenting order, community service.
82
What is the purpose of criminal law?
To protect individuals from others doing the wrong thing therefore making the community feel safe from harm, otherwise people would live in fear.
83
What is the way society deals with crime?
The police force and judiciary are the way society deals with criminal behaviour, if found guilty there will be a punishment.
84
Is civil law private or public law?
Private
85
What is civil law
Non-criminal matters that deal with disputes between people or organisations.
86
What are the two main areas of civil law?
Tort and contract law.
87
Tort law includes which concepts?
Negligence, defamation, nuisance, trespass.
88
What is negligence
When a person fails to take reasonable care and injures another person
89
What is defamation?
When a person damages another persons reputation
90
What is nuisance?
When someone causes unreasonable interference with another person's right to quiet enjoyment of their property
91
What is trespassing?
When a person interferes with another person or their property rights
92
What is a plaintiff?
The person who takes the civil case to court?
93
What is a defendant?
The person defending themselves against the plaintiff, the wrongdoer
94
95
What does civil law allow for the plaintiff?
They have the ability to initiate action to sue the defendant after their rights have been infringed.
96
If someone got fined for speeding but they weren't actually speeding and they applied for an appeal for the fine and requested a review. What type of law is this an example of?
Administrative Law.
97
What does the wronged party seek as compensation in civil cases?
Money
98
If the plaintiff is in the wrong, what may sometimes happen?
The judge may order the plaintiff to pay the defendant's costs if they believe they are in the wrong. If in a situation where the plaintiff was partially responsible, the damages can be reduced?
99
If juries are used in civil cases, what two things they determine?
Both the outcome and amount of damages.
100
What are the two main ways of classifying law?
Private and public
101
What is private law?
Deals with how individuals interact with others and the rights and duties people have towards eachother.
102
What are the four types of private law?
Tort, contract, family, property
103
What does public law deal with?
Regulating people's behaviour within society as a whole, protecting the freedom of individuals and what society expects from it's government.
104
What are the four types of public law?
Constitutional, administrative, criminal and industrial.
105
What is administrative law?
The decisions and powers of government departments.
They allow courts to review and change the decisions of the government if necessary.
It ensures government decisions are fair, reasonable and lawful.
106
Which law deals with the rules by which a country is governed?
Constitutional
107
Which law deals with the powers and authority of the parliament, along with citizen rights and the powers between federal and state parliaments.
Constitutional
108
Give an example of constitutional law
Whether the federal or state government had the power to control or legislate over a particular issue or area.
109
What is contract law?
Deals with legal agreements between two or more people. If one party fails to uphold their side of the agreement, they can be taken to court in which contract law is applied.
110
Give an example of contract law
If two parties get into an agreement and one of the parties doesn't fulfil their obligations.
111
What is family law?
Regulates family relationships, dealing with issues relating to marriage, divorce, child custody etc.
112
Give an example of family law
Two parents got divorced and are fighting for custody.
113
What is criminal law?
Law relating to crimes and punishment, therefore aiming to create an orderly society and provide a way for dealing with crime as offenders are punished.
114
If someone were to commit murder, what type of law would be enforced?
Criminal
115
What is industrial law?
Deals with the rights and obligations of employers and employees.
Also deals with solving industrial disputes, workers' compensation, health, safety and discrimination.
116
What type of law deals with workers' compensation, health, safety and discrimination?
Industrial
117
If an employee was not given proper breaks during work, which law would be enfored?
Industrial
118
What are the two types of property that are referred to in property law.
Real property = land and buildings.
Personal property = goods and services purchased.
119
What does property law deal with?
Deals with regulations about the sale, leasing and hiring of a property
120
Give an example of property law
If someone were to buy a real estate property for themselves only but ownership was not transferred properly, property law is enforced.
121
What is tort law?
(more civil)
When individuals infringe the rights of another, resulting in distress or injury.
122
If someone was injured and the person who injured them is sued under this type of law, they have to pay compensation for damages. What type of law is this? hint: not civil
tort law
123
What is statute law?
Law made by parliaments, created, written and passed through bills in parliaments. Once passed, it becomes legislation/act of parliament and is binding on all courts and judges.
124
Once a bill has been passed, it becomes what...
An act of parliament / legislation
125
What is the federal/commonwealth parliament?
Federal level parliament that makes laws on issues regarding the whole country, located in Canberra.
126
True or False: Each state has their own parliament, this parliament makes laws for their states only.
True. E.g NSW parliament makes laws for NSW only.
127
What is the type of law made by parliaments?
Statute
128
Is statute law binding on all courts?
Yes
129
What can the parliament do?
Make laws on whatever it likes, change laws if it wants to and pass an act to overcome precedents.
130
Can courts change statute law?
No courts can change statute law, only the high court if it is unconstitutional.
131
What is a constitution? (that every parliament has)
It's a document that outlines the powers of the parliament and any restrictions to it's law making authority.
132
What does the constitution guide?
It guides how a parliament operates and a country to be governed.
133
How are the powers of the federal and state government limited?
Federal powers are limited because of the Australian Constitution. State Laws are limited because of the State's Constitution and sometimes the Australian Constitution too.
134
State governments can make laws for the state. Unless...
The constitution gives this power to the Australian/federal government.
135
How are matters dealt with when disagreements occur between the state and Australian governments?
In the high court.
136
If there are inconsistencies between commonwealth and state legislation, which laws will apply?
Commonwealth
137
What are commonwealth laws?
Laws made by the federal parliament, not the constitution.
138
What is common law?
Laws developed by judges as they come across new problems in cases they hear when there is no existing law to regulate the case.
139
In common law, where is the judge's decision placed ? What is this called
In books called law reports. This is called a legal precedent.
140
What is a legal precedent?
A decision made in a previous court case that serves as an example for deciding similar cases in the future when there is no other law to regulate the case.
141
What is statutory interpretation?
When courts decide the meaning of words in laws made by the parliament because the language is complicated. After the court interprets a word, the new meaning applies as law from then on.
142
What is the purpose of statutory law?
To clarify and apply the meaning of words in laws passed by the parliament when the language is complicated.
143
Who is common law made by?
Judges
144
When does common law occur/applied
When there is no statute law to cover a case.
145
What is a jury?
Ordinary people that decide on the facts of the case and what they actually believe happened according to the evidence they've heard and create a verdict for the defendant, and in civil cases also the amount of compensation.
146
What is the standard of proof for criminal and civil law?
Criminal - Beyond reasonable doubt
Civil - Balance of probabilites
147
What do juries do in criminal cases?
Deliver a verdict on whether the accused is innocent or guilty according to the evidence.
148
What do juries do in civil cases?
They determine liability of the accused and the amount of damages to be awarded if the defendant is liable.
149
What do jurors do?
They listen to the evidence, deliver a verdict, put aside their own biasses.
150
How do you empanel a jury?
Potential jurors walk past the defendant and prosecution team and the counsel decides if they want them on the jury.
151
3 arguments for the jury system?
The final decision is made by more than one person, therefore more fair as it reduces the possibility of bribery or corruption.
Juries are independent decision makers who are not controlled by the government.
Ordinary citizens are given the opportunity to play an active role in administering justice.
152
3 Arguments against the jury system?
It costs a lot of money to operate and the selection process can be time consuming.
Juries can be persuaded by the skills of clever lawyers.
It is difficult for people to remain completely unbiased/impartial especially if they're influenced by the media coverage or personal opinion.
153
What is a majority verdict?
Where most, but not all jurors agree. Most courts allow this if they cannot reach an unanimous verdict after a long time.
154
What is a unanimous verdict
A verdict where all jurors agree.
155
What is a hung jury?
When jurors cannot reach the required number to decide the case.
156
What happens in a hung jury if there is no final verdict?
The judge declares a mistrial and either...
- The prosecution drops charges, offers a plea deal or the case is re-trialed with a new jury.
157
What is the method of trial in court?
It is the adversarial system, meaning two opposing sides will present their arguments to an independent umpire (judge/magistrate)
158
What is a magistrate?
Magistrates are in charge of the lowest court, they don't wear a wig/robe and are still addressed as "your honour". They decide if a person is guilty/innocent, the punishment and how much money to award as damages. They refer very serious criminal offences to a higher court.
159
Who is the judge's associate?
Trained lawyer managing paperwork.
160
Who are the members of the public?
Listen and observe court proceedings
161
Who are the members of the media?
Observe proceedings to report what happens
162
who are the sheriff's officers
they serve summonses and provide security for court
163
Who are prison officers?
They are from the prison where the accused has been held
164
What is the counsel of defence?
They represent the accused.
If accused pleads guilty they attempt to lessen the punishment. If accused pleads not guilty, they must convince the judge/jury their client is innocent. In civil cases they attempt to convince that no wrong has been committed
165
Who is the prosectuor?
They convince the judge/jury that a person is guilty.
166
What is a barrister?
They act on behalf of the plaintiff in civil cases. They are courtroom lawyers that argue cases in front of a judge/jury and give expert legal advice.
167
Plaintiff
Person suing another in a civil case, they bring the case to court.
168
defendant
person who is being taken to court
169
Witness box?
People/witnesses who give evidence.
170
What are the tipstaff?
They help the judge keep order in court.
171
What do judges do?
They listen to arguments presented by both sides, they aren't allowed to ask questions besides clarifying a point. They either say if the accused is innocent/guilty and decide punishment/compensation awarded.
172
What is the parliament?
Group of elected representatives who make laws, debate issues and hold the government to account. (includes senate, house of representatives & crown representative)
173
What are the two main court systems?
Federal and state.
F-family and high
s-local, district, supreme
174
is there a jury in the local court?
no
175
How many years can a magistrate imprison an offender for per offence?
Up to two years per offence or max of five years.
176
Give examples of what types of crimes the local court hears.
Summary offences e.g stealing, drink-driving, minor assault.
177
Finish the blanks
Magistrates control __________ for __________ offences like armed robbery or homicide
Committal hearings, indictable
178
What are committal hearings?
determining whether there's enough evidence to go to trial in a higher court.
179
Other than crimes, what else do magistrates hear and issue?
Bail applications, AVO's, arrest & search warrants
180
What are the two other specialist courts on the same bottom level as the local court?
Children's and Coroners
181
What tier is the district court?
Third
182
Are juries sometimes included in the district court?
yes sometimes
183
The district court also deals with serious civil cases for claims between...
$100 000 - 750 000 dollars
184
What does the district court deal with?
More serious criminal matters and civil cases between 100 000 - 750 000 dollars
185
What is the highest court in NSW?
Supreme court
186
What court deals with the most serious criminal matters? Like murder and treason.
Supreme
187
The supreme court is a binding decision and court ruling must be followed by other courts in future cases. What is court ruling?
An official decision made by a judge/court after considering the facts and law in a case to ensure all situations that are similar deal with the case in the same way.
188
Is there a jury in civil supreme court cases?
No.
189
What type of cases does the high court deal with?
Appeals from the state supreme courts and cases regarding the interpretation of the constitution.
190
What are the seven judges in the high court?
Chief Justice and 6 justices.
191
Is there a jury in the high court?
No.
192
What does the children's court deal with?
Cases involving the care and protection of children and young people
193
What does the coroners court deal with?
Deaths by unnatural causes, the cause and origin of fires/explosions and the identity of the decreased, place, date, circumstances and medical cause of death.
194
Why do we need law?
Laws regulate society, enforce values, protect citizens from harm and find a resolution for conflicts.
195
What are the four main roles of laws?
Establish boundaries, protection, freedom, resolving disputes.
