Legal

Question 1

What is a Law?

Answer 1

Set of rules, binding on society and enforceable by the state.

Question 2

What is a Rule?

Answer 2

Regulation followed by a group of people, not enforceable

Question 3

What is the Rule of Law?

Answer 3

That no one is above the law

Question 4

What is a Custom?

Answer 4

Tradition that have developed in society over time

Question 5

What is a Value?

Answer 5

Things we consider important
E.g church, family, health

Question 6

What is a Ethic?

Answer 6

Standards directing behaviours
E.g right vs wrong

Question 7

What is Anarchy?

Answer 7

Absence of government

Question 8

What is Tyranny?

Answer 8

Oppressive government, one person holds all the power

Question 9

What is the Nature of Justice?

Answer 9

Equality, Fairness, Access

Question 10

What is a person’s access to the legal system dependant on?

Answer 10

1. Knowledge - of the law and their ability to find information
2. Wealth- afford good legal representation
3. Time - how long for issues to be dealt with

Question 11

What is Procedural Fairness?

Answer 11

The right to know the case against you and present your case, the right to freedom from bias by decision-makers

Question 12

What are the Two main concepts of Natural Justice?

Answer 12

1. The Right to be Heard
2. The Right to have a decision made by an unbiased decision maker

Question 13

What are the characteristics of Just Law?

Answer 13

It is equal, Utilitarian, The Law is known

Question 14

What is Statue Law, and what else is it known as?

Answer 14

Made by Parliament. It is also known as legislation or “Acts of Parliament”

Question 15

What is Parliament and what is their role?

Answer 15

A body of elected representatives. It debates proposed legislation, passes or rejects it and amends it. Citizens elect Parliament

Question 16

What does Bicameral mean?

Answer 16

Two Houses - Upper and Lower House

Question 17

What is the Lower House called in NSW Parliament?

Answer 17

Legislative Assembly

Question 18

What is the Upper House in NSW Parliament called?

Answer 18

Legislative Council

Question 19

What is the Lower House in Federal Parliament called?

Answer 19

House of Representatives

Question 20

What is the Upper House in Federal Parliament called?

Answer 20

Senate

Question 21

How is the Government formed?

Answer 21

• Whoever has the most seats in lower house, becomes the leading party
• Leader of winning party is known as Prime Minister
• Party with remaining seats form opposition

Question 22

Who are Ministers?

Answer 22

• Members who have a special responsibility for particular departments
• Portfolio is offered by the Prime Minister, forming the Cabinet or ‘front bench’
• Make decisions on policy and laws to be drafted for consideration by parliament

Question 23

What bench do non-ministerial members sit on?

Answer 23

Back bench

Question 24

What is the Executive Council?

Answer 24

• Governor General
• Represent the King/Queen
• The King must assent to laws

Question 25

What is a Bill?

Answer 25

A drafted law that has not yet been passed by parliament - Usually introduced by ministers

Question 26

What is the Process for Billing?

Answer 26

1. Need for new law is identified 2. Draft Bill 3. First Reading 4. Second reading (debate) 5. Committee Stage (debate) 6. Third Reading (vote) 7. Other house 8. Royal Assent

Question 27

What colour is the Lower House?

Answer 27

Green

Question 28

What colour is the Upper House?

Answer 28

Red

Question 29

How many people sit in Lower House and who?

Answer 29

151 members, representing 151 electorates, Governor General representing the King

Question 30

How many people sit in the Upper House?

Answer 30

12 Senators per State, 2 senators each territory - 76 senators in total Head of State - Governor General

Question 31

What is Delegated legislation?

Answer 31

Laws made by authorities other than Parliament, which are delegated the power to do this by an Act of Parliament called the Enabling Act

Question 32

What laws do Delegated legislation make?

Answer 32

Less important laws that Parliament does not have time to draft, consider and pass

Question 33

What is a Regulation?

Answer 33

Laws made by the Governor - General, state governors or members of the Executive Council

Question 34

What is a Ordinance?

Answer 34

Laws made by Australian territories, outside of our border

Question 35

What are rules made by Delegated Legislation?

Answer 35

Legislation made for Government departments, usually by the department involved

Question 36

What are By-laws?

Answer 36

Laws made by local councils. which are restricted to the area governed by that council

Question 37

Advantages of Delegated legislation -

Answer 37

1. Resource efficiency - frees up time 2. People making the legislation are usually experts in that field 3. Delegation of minor legislation frees up parliamentary time for very serious issues 4. Easier to amend delegated legislation

Question 38

Disadvantages of Delegated Legislation -

Answer 38

1. Elected members of Parliament do not have time to fully check the legislation 2. Inconsistencies due to different bodies involved in making decisions 3. Little publicity surrounds delegated legislation, the public are unfamiliar with the law