Law In Society Flashcards
(17 cards)
What is the Bill?
A proposed Law.
What are concurrent powers?
Law-making powers that are shared by the commonwealth parliament and the state parliaments.
What is a delegated Legislation?
Laws made by subordinate authorities.
What is the enabling act?
An act giving subordinate authorities the power to make laws.
What is the executive council?
A body made up of the Governor General (governor at state level) and senior ministers. It’s task is to pass delegated legislation in areas where enabling act has given power to the executive council to make regulations.
Define of bicameral.
Two Houses of Parliament; at a federal level, the House of Representatives and the Senate, and in Victoria, the Legislative Assembly and Legislative Council.
What is the definition of law?
The law are set of legal rules that are made and enforced by the authority (parliament and police). It is then regulated by the support of the sanction (punishment) to try and encourage these rules and/or behaviour.
What is legislation?
Acts of parliament.
What are residual powers?
Law-making powers left with the states at the time of federation.
What is a statute?
An act of parliament.
Define Sue.
The starting of civil proceedings against another person.
What is the constitution?
An act of parliament.
What is a legal rule?
A legal rule is made by law-making bodies, like the parliament or local council.
What is a non-legal rule?
Rules that are made by private individuals or groups, such as a school or sporting club.
What are the characteristics of an effective law?
- People have to know about it: Knowledge
- Acceptable
- Law has to be clear (no definition)
- Must be stable
- Capable of being enforced
- Able to change
Define characteristics of an effective law.
Knowledge: for the law to be enforceable, people must have knowledge about it or else they won’t be able to follow it.
Acceptable: if the law isn’t up to date with community values, then people may be inclined to disregard the law.
Able to be enforced: an effective law must be enforceable, as in if they break the law, they must be caught and punished in some way. If not people might be less inclined to follow.
Stable: in order to be effective, it is necessary that a law in general is stable and not changing all the time or else people might not be aware of the constant changes.
Able to be changed: because values in the community change and advances in technology there is a constant need to change the law.
What are the two main sources of law?
- Law made by parliament, known as legislation, statute or an act of parliament.
- Law created by the courts, known as common law, court-made law, case law or precedent.
