Law
System of rules, regulate behaviour, ensuring order, justice and stability, enforcement and governance, established by authorities.
Customs
expected by a particular group, informal (religions, family, history, culture)
Rules
Apply to groups of various sizes (only members), breach of rules will entail some sort of punishment.
Functions of Law
set boundaries for acceptable behaviour, protect members of community from harm, offer an opportunity for resolution of disputes, reflect values held by majority of society, protect the rights of minority groups.
Statute law
created and enacted by federal parliament, formally written, cover various aspects of legal regulation(criminal offenses, civil matters+), introduced as bill and if passed becomes an act.
Steps of Statute Law
- Proposal
- Drafting
- consultation
- Parliamentary process
- Vote
- Assent
- Commencement
Common Law
body of law developed through decisions through courts, Based on legal precedents set by courts in previous cases, contract law, tort law, property law, constantly adding precedents.
Federal Government
have exclusive powers such as defence, currency, international trade, and immigration.
State Government
Residual powers such as education, health care, transport and infrastructure, and police and emergency services.
Concurrent powers of federal and state government
Taxation, welfare, health, criminal law, employment law.
Local Government
Power delegated to them by state government: local planning, waste management, community service.
Monarch
performs ceremonial duties such as appointing new governor-general. Part of the constitutional monarchy.
Governor-General
appointed by monarch on advice of PM, representative of crown giving royal assent.
The constitution
base of Australian system of government, outlines structure of government and divine powers between federal and state.
Structure of Government
establishes Australia as a parliamentary democracy detailing: roles of parliament, executive branch led by PM, the judiciary consisting of counts and judges who interpret and apply the law.
Division of Powers
Divides powers between state and federal parliament assigning specific responsibilities
Australian constitution
structure of government, division of powers, protection of rights, Amending mechanism
Protection of rights
certain protections for individual freedoms such as: right to vote, freedom to religion, protection of property rights, rights to trial by jury, implied freedoms.
Amending Mechanism
democratic procedures for amendment requiring proposals to pass through national referendum and double majority.
Civil cases
disputes between two or more parties, one party sues other usually for compensation for harm done/loss sustained.
Criminal cases
offence against the broader community, range form littering to murder.
Magistrates court
no jury (magistrate makes all decisions), range of offences such as traffic infringements, shop lifting, and disorderly behaviour, land lord and tenant dispute. Civil less than $150,000
District court
serious criminal offences such as rape, armed robbery, and dangerous driving(harm). first must go through magistrate. involves jury and hears appeals for cases decided in Magistrates court. $150,000-$750,000.
Supreme court
highest court in QLD. Includes trial division and the court of appeal. Trial division hears most serious criminal cases e.g. murder. Division hears civil matters $750,000+.
