suhails

Question 1

what is the difference between legal and non-legal rules?

Answer 1

legal rules are created by law-making bodies, such as courts and parliament, and are enforced by the law. non-legal rules are created by individuals or groups, such as families, schools, sporting clubs, and religious denominations.

Question 2

why do we need laws?

Answer 2

Laws are needed to ensure that all members of society can work together without hurting or harming each other.

Question 3

What are the principles of justice?

Answer 3

Equality, Fairness and Access.

Question 4

Who are two groups of people other than “The Young” who may need laws to protect them because they are unable to protect themselves?

Answer 4

The elderly and the disabled.

Question 5

What are the characteristics of an effective law?

Answer 5

The law must be known, The law must be easily understandable, The law must reflect values and be accepted, The law must be able to adapt to changes, The law must be stable and consistent.

Question 6

What is Fairness?

Answer 6

Whether the court has followed the correct rules and applied the law appropriately the right to assistance from a legal representative, The right to appeal to a higher authority if there is a perceived injustice.

Question 7

What is equality?

Answer 7

Rules should apply to both parties in a balanced way. All people are equal before the law. Legal representatives should be available to both parties.

Question 8

What is access?

Answer 8

That people should be aware of their legal right to resolve a dispute through a court or other mechanisms for dispute resolution.

Question 9

What is the Australian constitution?

Answer 9

A document that sets out the legal structure of parliament and its law-making authority.

Question 10

When did the commonwealth of Australia come into operation?

Answer 10

1 Jan 1901.

Question 11

What did the Australia constitution act establish?

Answer 11

Division of powers, separation of powers.

Question 12

What is the DOP?

Answer 12

The commonwealth government will look after issues of a national interest. The state government would deal with state issues.

Question 13

Into what categories does the Australian constitution, Commonwealth and state law making powers fall into?

Answer 13

Specific, exclusive, concurrent, and residual powers.

Question 14

What are specific powers?

Answer 14

Only the Commonwealth parliament has the power to make laws that are specifically mentioned in the constitution and concern the nation as a whole, such as defence and immigration.

Question 15

What are Exclusive powers?

Answer 15

Only the commonwealth parliament can use them such as defence, printing money and immigration.

Question 16

What are Concurrent powers?

Answer 16

These powers may be shared by the commonwealth parliament and the state parliament such as taxation and marriage.

Question 17

What are residual powers?

Answer 17

The state parliaments have their own law-making power and the commonwealth parliament is prohibited from making laws in these areas. Areas of law making such as criminal law, road laws, civil law.

Question 18

What is SOP?

Answer 18

The separation of powers is made up by the Parliament, executives and judiciary and it helps ensure that no group has all the power by giving each group their own area of responsibility.

Question 19

Parliament?

Answer 19

Makes and changes the law.

Question 20

Executive?

Answer 20

Puts the law into action.

Question 21

Judiciary?

Answer 21

interpret the law

Question 22

Bicameral structure?

Answer 22

The structure of both state and federal parliaments.

Question 23

Government:

Answer 23

Party holding the majority of seats in the lower house.

Question 24

Governor-general:

Answer 24

Crown representative at the federal level.

Question 25

Governor:

Answer 25

The Crown’s representative at the state level.

Question 26

what is the role of parliament?

Answer 26

the role of parliament is to pass laws in the form of Acts, legislation or statute

Question 27

what are the 9 parliaments in Australia?

Answer 27

one commonwealth, six state parliament and 2 territory parliaments.

Question 28

what can parliaments do?

Answer 28

Parliaments make, change, repeal previous legislation, or override common law

Question 29

what are the sources of law?

Answer 29

laws made by parliament which is called statute law and law made by judges known as common law.

Question 30

where do ideas from laws come from?

Answer 30

ideas for new laws come from many different places such as government , the community, businesses, lobby groups, political parties, the parliament.

Question 31

what are the two houses of commonwealth parliament called?

Answer 31

the house of reps
(lower house) and the (senate)

Question 32

what are the two houses of parliament called?

Answer 32

the legislative council(upper house) and legislative assembly (lower house)

Question 33

what is the role of the house of reps?

Answer 33

Forms government, propose, debate and vote on bills and amendments.

Question 34

Role of the Senate?

Answer 34

decides matters of national interest, represents the interests of people in their states or territories.

Question 35

Statutory interpretation?

Answer 35

one of the main features of the relationship between parliament and courts is that parliament creates statutes, and courts interprets them.

Question 36

Codification of common law?

Answer 36

because parliament is the supreme law-making body, it can make laws that confirm a precedents set in court by passing an Act of Parliament that reinforces the principles established by the court.

Question 37

Abrogation of common law?

Answer 37

Since parliament is the supreme law-making body it is able to change over ride common law. It does this by passing a law which specifically abrogates or abolishes the common law principle.

Question 38

Can the courts influence changes in the law by parliament?

Answer 38

Courts can influence changes in the law by parliament through their comments made during court cases.

Question 39

court hierarchy?

Answer 39

A court hierarchy is a structure of courts within a state or country.

Question 40

specialisation?

Answer 40

The courts higher in the hierarchy hear more serious and complex cases and the courts lower in the hierarchy hear the less important cases.

Question 41

Appeals?

Answer 41

The court hierarchy enables any person who is not satisfied with the outcome of a case to appeal to a higher court, to have the ease re-heard.

Question 42

Doctrine of precedent?

Answer 42

It is a practise whereby decisions of a higher court are binding, and must be followed by all lower courts in the same court hierarchy.

Question 43

Administrative convenience

Answer 43

increase efficiency in the court system by streamlining the hearing of cases and directing them to particular courts in order to reduce costs and delays.