Legal And Ecomomics Exam Flashcards
(36 cards)
What is government
the group of people with the authority to govern a country or state; a particular ministry in office.
What is the process of making a law
- a bill is firstly suggested
- Then a bill is introduced into parliament
- Then the bill is passed down to the house of representative
- If the bill is passed, it is then send to the senate
- if the senate agree to the bill, the Governor General signs the bill and it becomes a law. This is referred to as the royal assent
What is the role of the government
The role of the government is to ensure that society is Safe,secure and harmonious by exercising their power to control and administer public policy.
What is the role of the House of Representatives
The role of the House of Representatives is known as the people’s house and is the legal voice of society towards the government, contains elected members of society
What is the role of the Senate
The role of the senate is to pass bills, debate, Scrutinise government and represent the people of Australia. The Senate is made up of 76 senators which are divided among the states.
Define Law
A law is a system of rules which a particular country or community recognizes as regulating the actions of its members and if not followed leads to punishment decided by the court.
Define Rule
A rule is one or a set of regulations governing conduct or procedures within a particular area of activity
What are the functions of Laws
- To protect society
- To establish acceptable conduct in society
- to facilitate change
- To establish means for resolutions of disputes
what is an Indictable offence
An Indictable offence is a serious offence that is divided into two categories, crime against people and crime against property.
What is a Summary offence
A Summary offence is a less serious crime, such as drink driving and not putting on your seatbelt, these cases are handled by the magistrate’s court.
What is Criminal Law
Criminal law is a body of rules and statutes that define conduct prohibited by the goverment because it threatens and harms public saftey and wellfare.
What is Civil Law
Civil Law is concerned with the right and responsibilities of individuals. it aims to settle disputes between two or more individuals or organisations.
What is the role of the Jury
The Jury is to hear the evidence presented to the court and then decide wheater the accused is guilty or innocent of the charge based on the evidence.
What is the role of the police in society
The role of the police is to enforce the laws made by the parliament, ensuring the community is protected from crime and help maintain a safe and orderly society. ( prevention,Detection, and prosecution)
What is the burden of proof
The burden of proof is when a person is charged with a crime,however, is entitled to the presumption of innocence; that is, they are presumed innocent until proven guilty,
What is Standard of proof
It is the level of certainty of evidence required to prove the case, which must be presented by the prosecution.
List the Court personnel
- Lawyers
- Judge or justice
- Magistrate
- Judge’s associates
- Tipstaff
- Crown prosecutor
- Defence barrister
- Solicitors
- Witnesses
- Jury
Magistrates’ court’s Jurisdiction
They hear minor indictable offenses and all summary offences
County Court’s jurisdiction
Hears all serious indictable offences,expect for murder.
What are the two divisions of the Supreme Court
Court of Appeal and Trial division
What cases does the court of appeal hear
They hear all appeals of the County Court
What is the Jurisdiction of the Trial division
The trial division hears most serious cases, such as murder and treason.
High court of Australia jurisdiction
The high court functions to hear appeals from state supreme courts throughout Australia and hearing cases that require interpretation of the constitution.
What is Jurisdiction
The authority of a court to hear and decide a dispute on particular cases and offenses.
