law 2025 Flashcards
(23 cards)
what are laws and why do we need them?
Laws are essential in Queensland to maintain order, protect rights, and ensure a fair society by defining what’s acceptable and unacceptable behavior.
what is the rule of law?
the rule of law means everyone including those in power must be held accountable to the same law and be enforced with the same consequences.
what is statue and commen law?
statute law is law made by Parliament, while common law is law developed by judges through court decisions
how are laws made in qld?
it goes through the process of
social change
first reading
committe consideration
commite report
second reading
consideration in detail
third reading
royal assent
what are the principles of australias legal system?
the principles of australias legal system are that there must be equality before the law with fairness and transperency.
what is seperation of power?
the separation of powers principle divides government authority into three branches: the legislature (Parliament), the executive (Prime Minister and Ministers), and the judiciary (courts
what is division of power?
the division of power is split between three diffrent levels for example (legislative, executive and judicical)
what is the court hierarchy?
High court
fedral court
supreme court
distract court
magistrates court
what are areas of law?
Areas of law, or fields of law, are proffesions within law such as criminal law, corporate law, family law, and environmental law,ect
what are the roles in the court room?
key roles include the Judge who decides the proceedings, the Jury who decides the facts, Witnesses who provide evidence, and legal representatives defending such as a lawyer
what is criminal law investion
take statements from witnesses and collect evidence to be used in criminal prosecution. Statements may be taken from the victim of the crime and from other people who may know something about the incident.
what is criminal law against a person
it is serious charges against a person this involves harming or endangering another person, including acts like assault, threats, and homicide.
what is criminal law against a property?
property offences encompass various acts against property, ranging from theft and damage to trespassing, with penalties varying based on the severity of the offense.
what is scentincing in qld roles and purposes
to punish the person in a way that is just Rehabilitation — to help a person change their behaviour so they don’t commit an offence again.
what is scentencing in qld factors?
courts consider the seriousness of the crime, the offender’s circumstances, criminal history, cooperation with police, and the effect on the victim.
what is scenting in qld and type of penelties
scentincing depends on the severity of the case scenting can include imprisonment, community service and parole scenting can be lowered if on good behaviour
what is recidivism?
recidivism is the repition of entering prision to reoffend or relapse into criminal offence.
what is magestraties court?
The first tier of the QLD courts system and is the most busy court of all QLD courts
if matters commence high court will be used
what is district court?
The District Court deals with serious criminal offences such as rape, armed robbery and fraud.
what is supreme court?
a supreme court is the highest court in a legal system, with its decisions being final and binding on all other courts
what is the high court
it is the highest court in all of australia it is based in the capital canberra it is the final court of appeal
What is the fedral court?
the federal court is a court from the government it hears cases including federal laws.
what is areas of law civil vs criminal
civil court is foccuses on resolving disputes
where as criminal court focuses on punishing individuals who commit a crime against society
