Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

legal studies > legal studies > Flashcards

legal studies Flashcards

(79 cards)

Start Studying
1
Q

Define the Australian Constitution

A

The set of basic rules by which the country is governed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is the name of the legislation with sets out the rules in the Australian Constitution?

A

Commonwealth of Australia Constitution Act 1900.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What year did the Australian Constitution come into effect in Australia?

A

1901

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Define the roll of the separation of powers.

A

Requires that all three arms be separated to ensure that no individual body or person has complete control/power.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What are the names of the three (3) separations of powers?

A

Executive, the judiciary and the legislative/Parliament

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Who makes up the executive government?

A

Queen (represented by the Governor-General [GG]), Prime Minister and ministers (Cabinet)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is the role of the Parliament?

A

Makes and amends the law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Who makes up the Judiciary?

A

High Court of Australia and other federal courts (Judges)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

The Federal Executive Council is in which separation of power?

A

Executive

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

The green house and red house in the Commonwealth Parliament are called what?

A

Green – House of Representatives, Red - Senate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is the title of Section 51 of the Australian Constitution?

A

Legislative powers of the parliament

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Section 51 sets out powers to make laws for what?

A

Peace, order and good government of the Commonwealth

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

In section 61, Executive Power, the GG (Queen’s representative) does what?

A

The execution and maintenance of this Constitution, and of the laws of the Commonwealth

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Describe one duty of the GG?

A

One key constitutional duties could include:

a. Presiding over the Federal Executive Council
b. Facilitating the work of the Commonwealth Parliament and Government
c. Dissolving Parliament and issuing writs for a Federal election
d. Commissioning the Prime Minister; appointing Ministers and Assistant Ministers; and swearing-in other statutory positions
e. Holding and possibly exercising the Reserve Powers.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Define what GG reserve powers are. Give one example of a power (not specific).

A

Powers to act independently.
Examples include the power to dissolve the House of Representatives and, in certain situations, both houses of parliament

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Give one example (including year) of when GG used their reserve powers.

A

a. 1904 – GG refused to dissolve the House of Representatives to allow for a federal election
b. 1905 – GG allowed Alfred Deakin to replace George Reid as Prime Minister without facing an election.
c. 1909 – GG allowed an unelected coalition of parties to form a government.
d. 1975 – GG sacked Prime Minister Gough Whitlam and forced a federal election. This lead to a double dissolution general election, which Whitlam lost.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What is the title of section 71?

A

Judicial power and courts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Fill in the blanks of the description of section 71. Commonwealth shall be vested in a Federal Supreme Court, to be called the __________________________________, and in such other _______________ courts as the Parliament creates, and in such other courts as it invests with federal jurisdiction.

A

Commonwealth shall be vested in a Federal Supreme Court, to be called the High Court of Australia, and in such other federal courts as the Parliament creates, and in such other courts as it invests with federal jurisdiction.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Define what responsible government is

A

Means that a party or coalition of parties must maintain the support of the majority of members of the House of Representatives in order to remain in government.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What is the purpose of having a responsible government?

A

Provides another check on the Executive, ensuring they are accountable to the Parliament and do not abuse their power.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Define what responsible government is

A

Means that a party or coalition of parties must maintain the support of the majority of members of the House of Representatives in order to remain in government.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What is the purpose of having a responsible government?

A

Provides another check on the Executive, ensuring they are accountable to the Parliament and do not abuse their power.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What are the three division of powers and which government has power

A
  • Exclusive – Commonwealth
  • Concurrent – Commonwealth and state
  • Residual - State
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What are 3 examples of laws that the parliament with residual powers can make?

A

Examples could include: law and order, commerce and industry, primary production
Housing, transport, public health and social welfare issues.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
What is the section of the Australian Constitution that gives exclusive power to the parliament?
Section 52
26
What does section 109 mean with regards to the division of powers?
When a law of a state is inconsistent with a law of the Commonwealth, the latter shall prevail/override, and the former shall, to the extent of the inconsistency, be invalid’
27
What is the main difference between the bicameral and unicameral Parliament?
Bicameral – 2 houses and Unicameral – one house of parliament
28
What is the name of the 2 houses of parliament for the Commonwealth of Australia?
House of representatives and Senate
29
Two (2) Advantages of the unicameral parliament system
Advantages could include: Less workload with one chamber/house, more efficient in passing laws, fast process with one chamber
30
Two (2) disadvantages of the bicameral parliament system
Disadvantages could include: More workload with two chambers/houses, less efficient as unicameral legislature, slower process with two chambers having to debate Bills (one in each chamber/house)
31
Explain what a non-referendum change is?
Commonwealth Government make legislation that changes the interpretation on the Australian Constitution
32
What are the section numbers of the Australian Constitution that the case study Commonwealth v Tasmania (1983) help implement non-referendum change?
change? | Section 51 and 109
33
Why was the case study Commonwealth v Tasmania (1983) heard in the High Court?
Commonwealth and State disputes which impact the Australian Constitution are heard in the High Court of Australia
34
Why did the Tasmanian Government challenge the Commonwealth Government in the case study Commonwealth v Tasmania (1983)?
It argued that the Commonwealth Government did not have power under the Commonwealth/Australian Constitution to stop the dam being constructed.
35
The Australian party in power in 1983, Labor, passed new legislation which limited what ………..….. in the Tasmanian Wilderness World Heritage Area?
It enabled them to prohibit clearing, excavation and other activities (build the dam) within the Tasmanian Wilderness World Heritage Area.
36
Give one reason why was the Commonwealth v Tasmania (1983) a landmark case?
* Determined Commonwealth powers to make laws under the Australian Constitution to protect the environment. * It determined which levels of government have power to protect the environment in Australia
37
Who makes up the executive government?
Queen (represented by the Governor-General [GG]), Prime Minister and ministers (Cabinet)
38
What is the title of Section 51 of the Australian Constitution?
Legislative powers of the parliament
39
What is the name of the legislation with sets out the rules in the Australian Constitution?
Commonwealth of Australia Constitution Act 1900.
40
What is the purpose of having a responsible government?
Provides another check on the Executive, ensuring they are accountable to the Parliament and do not abuse their power.
41
How can the Australian Constitution be changed?
Referendum
42
Describe what a double majority is
A majority of voters in a majority of states, together with a majority of voters across the whole country, voting ‘yes’ in a referendum
43
Describe section 128 of the Australian Constitution
Provides the manner by which the Constitution can be altered, changed or modified so it reflects the changing needs of an evolving society
44
In summary who does section 44: Disqualification in the Australian Constitution restrict being placed in government?
A senator or a member of the House of Representatives.
45
Give one example (hint: from 5) of a circumstance where a person will be restricted of placement in government in the Australian Constitution.
Student could have one of the five options below: • Foreign citizenship • Attained of treason of convicted of a sentence by imprisonment of one year or longer • bankrupt or insolvent • holds any office of profit under the Crown, or pension • direct or indirect pecuniary interest in any agreement with the Public Service of the Commonwealth
46
Explain what a non-referendum change is?
Commonwealth Government make legislation that changes the interpretation on the Australian Constitution
47
Why was the case study Commonwealth v Tasmania (1983) heard in the High Court?
Commonwealth and State disputes which impact the Australian Constitution are heard in the High Court of Australia
48
What are the three division of powers and which government has power
* Exclusive – Commonwealth * Concurrent – Commonwealth and state * Residual – State
49
What does section 109 mean with regards to the division of powers?
When a law of a state is inconsistent with a law of the Commonwealth, the latter shall prevail/override, and the former shall, to the extent of the inconsistency, be invalid’
50
What is the main difference between the bicameral and unicameral Parliament?
Bicameral – 2 houses and Unicameral – one house of parliament
51
2. Define the roll of the separation of powers.
Requires that all three arms be separated to ensure that no individual body or person has complete control/power.
52
3. Who makes up the Judiciary?
High Court of Australia and other federal courts (Judges)
53
4. What is the title of section 71?
Judicial power and courts
54
5. Define what responsible government is
Means that a party or coalition of parties must maintain the support of the majority of members of the House of Representatives in order to remain in government.
55
6. What are 3 examples of laws that the parliament with residual powers can make?
Examples could include: law and order, commerce and industry, primary production
56
7. What does section 109 mean with regards to the division of powers?
When a law of a state is inconsistent with a law of the Commonwealth, the latter shall prevail/override, and the former shall, to the extent of the inconsistency, be invalid’
57
8. Give one reason why was the Commonwealth v Tasmania (1983) a landmark case?
* Determined Commonwealth powers to make laws under the Australian Constitution to protect the environment. * It determined which levels of government have power to protect the environment in Australia.
58
9. Give one example (hint: from 5) of a circumstance where a person will be restricted of placement in government in the Australian Constitution.
Student could have one of the five options below: • Foreign citizenship • Attained of treason or convicted of a sentence by imprisonment of one year or longer • bankrupt or insolvent • holds any office of profit under the Crown, or pension • direct or indirect pecuniary interest in any agreement with the Public Service of the Commonwealth
59
10. What is the primary function of the High Court of Australia?
Interpret the Constitution
60
1. What tort did the Donoghue v Stevenson (1932) case create a precedent?
Negligence
61
2. What was the negligent act in the Donoghue v Stevenson (1932) case?
Manufacturer negligently had a decomposing snail in a ginger beer bottle that a customer at a stall drank and got sick (nervous shock).
62
3. Describe how the judgement of Donoghue v Stevenson (1932) changed the tort of negligence? In your answer include the test it created.
Introduction of the neighbour principle as a test to establish whether one party owed a duty of care to another that previously did not exist.
63
4. What civil law area did the Carlill v Carbolic Smoke Ball Co [1893] case create a precedent?
Contract Law
64
5. Why did Carlill sue the Carbolic Smoke Ball Company? In your answer include details of the case.
The Company was refusing the pay a 100 pound reward when Carlill contracted influenza when using the Carbolic Smokeball as per the directions of the ad. The ad also stated that 1000 pounds was deposited in the businesses bank which also strengthened the offer of a contract.
65
6. Describe how the judgement of Carlill v Carbolic Smoke Ball Co [1893] changed contract law?
The advertisement could be an offer and the offer that was capable of acceptance can be made to the world.
66
7. Describe what the rule of law is?
Laws apply to everyone equally and fairly. OR | It requires we have laws that are followed or enforced.
67
8. Name three (3) of the five (5) Rule of Law Principles?
Fairness, rationality, predictability, consistency, impartiality
68
9. Describe the rule of law principle impartiality.
That there is an impartial judiciary free from influence by other arms of government or external forces.
69
10. Describe what a commission of inquiry and royal commission is.
They are the highest for of inquiry on matters of public importance.
70
1. What is the official name and year of the landmark Mabo case.
Mabo v Queensland (No. 2) (1992)
71
2. What is the section number of the constitution that the Mabo case relates to?
Section 75
72
3. What is the title of section 75 of the Constitution?
Original jurisdiction of High Court
73
4. Explain why the Mabo case was heard in the High Court of Australia.
Plaintiff/A group of Meriam men/ATSI/Indigenous people brought a legal action against State of Queensland (Supreme Court) and the Commonwealth of Australia, in the High Court, claiming 'native title' to the Murray Islands. OR Where the Commonwealth Government is being sued it is heard in the High Court due to section 75 of the Australian constitution.
74
5. What does terra nullius mean?
Land belonging to no-one
75
6. What was the name of the legislation that the Commonwealth Parliament passed because of the Mabo case enabling Indigenous people throughout Australia to claim traditional rights to unalienated land? Include the name of the legislation, year and jurisdiction in your answer.
Native Title Act 1993 (Cth)
76
7. What is one reason that the outcome of Mabo was a landmark decision?
* Overturned the doctrine of terra nullius * Inserted the legal doctrine of native title into Australian law - introduced the Native Title Act 1993 (Cth) * Indigenous people could claim and be compensated for their native land
77
8. Explain how the Mabo case was used as a precedent in another case.
The Wik Peoples v The State of Queensland (1996) - the High Court held that native title rights could coexist on land held by pastoral leaseholders. Now many of these land areas have some form of co-existence or co-management agreement for land and waters between Indigenous and non-Indigenous groups because of the Wik decision (used Mabo – native title as precedent).
78
9. Other than the Mabo case, what is the name of another case that prompted legal change? Include the name and year of the case in your answer.
* Donoghue v Stevenson (1932) * Carlill v Carbolic Smoke Ball Co [1893] * Commonwealth v Tasmania (1983)
79
10. Describe what the rule of law is?
Laws apply to everyone equally and fairly. OR | It requires we have laws that are followed or enforced.

legal studies (2 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions