Term 1 Legal Studies

Question 1

Parliament

Answer 1

a forum where the elected representatives of the people meet, plan, deliberate upon and review the government of the Country OR State and make laws for the efficient and effective conduct of the Country Or State

Question 2

what is the main purpose of parliament?

Answer 2

To make/change laws - statute law overrides any common law - also adds precedent for Courts

Question 3

Common law?

Answer 3

laws made by judges

Question 4

Custom

Answer 4

A socially acceptable habit or norm.

Question 5

Orbiter Dicta

Answer 5

OPINION- a judge’s opinion or other comments made by a judge, which are not essential in making the decision in the case in which he or she is presiding.

Question 6

Referendum

Answer 6

the process of changing the Constitution involving a double majority vote.

Question 7

What is a double majority vote?

Answer 7

A double majority vote is to look at the statistics regarding the majority voting yes in a national majority and state majority. This is done to keep the voting fair and to not be affected by NSW and Victoria

Question 8

What are the steps of turning a Bill into an Act?

Answer 8

Demand for a change, committee consideration, committee report, second reading, consideration-in-detail third reading, Royal assent

Question 9

Constitution

Answer 9

a set of rules by which a country is run

Question 10

What are the Paragraph sentence structures?

Answer 10

P1 - N+S
The role of parliaments and court as law-making bodies is an issue of concern in Queensland and can be viewed from different perspectives.

P2 - VP1
There is a strong Viewpoint…
This is evidenced in stimulus…
Additionally, stimulus … asserts…
Consequently

P3 - VP2
A second viewpoint is…
Stimulus… suggest…
Also, stimulus… indicates
Therefore,

P4 - D
one decision which ensures just and equitable outcomes for individuals and society is…

This decision is just because…
This decision is also equitable because…
The implications of this decision are…

Question 11

Electorate

Answer 11

The area represented by one member of parliament

Question 12

Judicial Precedent

Answer 12

The process by which judges are obliged to follow the decision of earlier cases in higher courts when the factual circumstances are essentially the same, creating common law.

Question 13

Rule

Answer 13

regulate our lives in a more formal manner than norms. They are specifically stated, often in written form and consequences given if broken. Only binding on members of the group that made the rules.

Question 14

Persuasive Precedent

Answer 14

earlier case MAY be followed

Question 15

Binding Precedent

Answer 15

earlier case MUST be followed

Question 16

Jurisdiction

Answer 16

the Courts authority to hear a case

Question 17

Court Hierarchy

Answer 17

a way of structuring courts into different levels, jurisdictions and areas of responsibility

Question 18

Name the Court Hierarchy from Least to Most Important:

Answer 18

Magistrates Court, District Court, Supreme Court, Court of Appeal, High Court

Question 19

Statute law

Answer 19

law made by Parliament (also known as legislation or an Act of Parliament)

Question 20

Ratio Decidendi

Answer 20

REASON DECISION - It is the reasoning used by the judge in making the final decision.

Question 21

Judge

Answer 21

a public officer appointed to decide cases in a law court

Question 22

Trial by Ordeal

Answer 22

something physical to determine guilt - e.g. wound did not heal = guilty

Question 23

Trial by Battle

Answer 23

Settling disputes through Fighting/Battling each other - e.g. kings physically battling to determine guilt

Question 24

What are Advantages of Judicial Precedent?

Answer 24

• Laws are fair/unbias
• consistent with previous decisions

Question 25

3 Features of Law

Answer 25

Three Features: (1) Authority – no one person can decree that a rule is law. Authority to make laws in Australia rests solely with parliament and in some cases with law courts. Unless validly made it will not be recognised and enforced by the courts. (2) Consequences – breaking law has more serious consequences than a norm or rule. Legal penalties such as fines, imprisonment, community service Regulation – regulates behaviour of all citizens who are member of society.

Question 26

Separation Of Powers Doctrine

Answer 26

Legislative - Make/Change Laws, Executive - Enforce Laws, Judiciary - Interpret Laws/administers Justice

Question 27

5 Strengths of Courts

Answer 27

-Bound by Precedent -free from political pressure -keep laws flexible -fill in the gaps in law (common law) -Experts in law (easily recognize law's weaknesses

Question 28

5 Weaknesses of Courts

Answer 28

-must wait for new case to arise to make law -conservative (criticised for being "out of touch with society" -may be bound by OUTDATED precedent (unjust ruling) -cannot fill all holes left by parliament (cannot anticipate a case) -Resources are limited (can only focus on facts and issues presented to them by the parties)

Question 29

5 Strengths of Parliament

Answer 29

-can act quickly if needed -can make laws in anticipation of future -more accessible to public -issues are publicly aired (society views are represented) -can investigate a whole area of law

Question 30

5 Weaknesses of Parliament

Answer 30

-can easily become outdated -only sits on a limited number of days in the year - unwilling to make laws on controversial areas, makes popular decisions in order to get re-elected -cannot amend constitution without referendum -statute law is worded broadly (leaves loopholes).

Question 31

Bi-cameral

Answer 31

2 Houses

Question 32

Australian Parliament

Answer 32

Senate (upper house) House of Representatives

Question 33

Government

Answer 33

majority party in lower house. The government is formed by the political party which gets the majority of seats (through the election process) in the Lower House

Question 34

QLD Parliament structure

Answer 34

○ Legislative assembly (Lower House) only ○ Unicameral Parliament = One house = Lower House Governor - King's Representative

Question 35

other AUS state Parliament structure

Answer 35

= Lower House AND = Legislative Council AND Governor - King's Representative

Question 36

(Bicameral) Senate: Upper House

Answer 36

76 Senators: 12 from each State (7,2) 2 from each Territory (4) : 6 Year terms. (voting)

Question 37

(Bicameral) House of Representatives: Lower House *Government is formed here.

Answer 37

members (based on population) - 76 seats or more (majority) : 3 year terms (voting)

Question 38

Governor - General

Answer 38

King's Representative, provides Royal Assent to Bills

Question 39

(Unicameral) Legislative Assembly *Government is formed in this house

Answer 39

93 members (based on population) 4 year fixed terms (voting) - 47 seats or more (majority)

Question 40

Federal Court (least-most)

Answer 40

federal magistrates court, Federal court-Family court, Full court of the federal court-Full court of the family court, High court

Question 41

Original Jurisdiction

Answer 41

Hears cases for the first time, first instance/trial courts. Listen to evidence presented by witnesses, supervise cross examination of witnesses and then finally reach a decision.

Question 42

Appellate Jurisdiction

Answer 42

Rarely hears cases for the first time, usually hears appeals from a lower court, decide if the lower courts have made a decision in accordance with the law (non-biased, sticking to the facts)