Unit 1 - Chapter 1 - Law in Society Flashcards Preview

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Flashcards in Unit 1 - Chapter 1 - Law in Society Deck (86)
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0
Q

What do rules do?

A

They tell us what we can and cannot do and what to expect when dealing with others. (as this is how they create social order)

For example a tennis game needs rules otherwise discrimination could occur or conflicts can become unresolved.

1
Q

What are legal rules?

A

Legal rules (or laws) apply to all individuals with-in that particular society (eg. country, state or council), they are enforced through the courts where the issue is resolved and made by law making bodies such as parliament or local councils. Consequences of breaking a legal rule such as committing theft means you’ll be punished through the courts.

2
Q

What are non-legal rules?

A

Non-legal rules are made by leaders or individuals in groups so these rules therefore apply to everyone that belongs to the particular group and are non existent to outsiders. These rules cannot be enforced by the courts. An example would be the rule to wear school uniforms at Padua, if a student didn’t wear their uniform they wouldn’t be sent to court but instead to their coordinator. Consequences of breaking a non-legal rule such as cheating on a test in school would mean the receive a punishment from the school.

3
Q

Why do we need laws/rules?

A

All societies whether primitive or complex have legal and non-legal rules to regulate behaviour and govern family, social, political and economic life.

4
Q

What is the function of law?

A

The function of law is to maintain social cohesion which is basically having a community where people are able to live with each other in a peaceful manner.

5
Q

List some of the functions of law.

A

. The law reflects community values (political, social, moral and economic values)
. The law established codes of conduct (set boundaries of acceptable behaviour)
. The law resolved disputes (the role of the courts and tribunals to interpret and apply the law)
. The law provides for change (the law need to meet the changing needs of society)

6
Q

List the criteria for an effective law.

A
. known to the public 
. acceptable to the community 
. able to be enforced 
. stable
. able to be changed 

KAASA

7
Q

Why does a law have to be known to the public to be effective?

A

If the public doesn’t know of the existence of a new law they can’t be expected to abide by it. Although individuals have some responsibility to find out laws on a particular matter, law-makers also need to keep the public informed of any changes. Major changes in law are usually reported in the media and many are debated in the media before the change is even finalised.

8
Q

Why does a law have to be acceptable to the community to be effective?

A

If the community deems laws unacceptable the members may not want to abide by them. For example, prior to 24/7 shopping becoming legal in Victoria, many stores opened and closed illegally because both consumers and store owners wanted the extended hours even though it was illegal. The community didn’t accept restricted shopping hours and therefore didn’t follow the rules. Whereas people abide by the law to wear seat belts because they can see it’s value.

9
Q

Why does a law have to be able to be enforced to be effective?

A

If people break a law they need to be able to be caught and punished otherwise people will be less inclined to follow a law. A law needs to be enforceable because it cannot fulfil it’s purpose of deterring people if no one can be brought to justice. For example Victoria police has implemented many strategies to reduce road toll such as RBT’s, drug testing and the use of speed and red light cameras along with heavy penalties which deters most drivers from breaking the law, hence reducing road toll.

10
Q

Why does a law have to be stable to be effective?

A

Laws need to remain fairly stable in order to be effective. Although change is necessary for our evolving society, laws can’t constantly change because no-one would be certain of what the law was, it wouldn’t be fair to the public and there would be chaos.

11
Q

Why does a law have to be able to be changed to be effective?

A

Our society is constantly evolving, community values are changing and there are new advances in technology, therefore our laws need to follow. Although consistency is needed in laws, change is can still take place because our laws need to be able to meet new issues. For example the widespread use of computers has created the need to for new laws (stealing another persons identity for illegal gain, cyber bullying).

12
Q

How do people find out about new laws?

A

People find put about new laws through various forms of media such as advertisements on television, radio, newspapers and even social media. However reminders of the law can also be shown, this is done through it’s enforcement because it shows others the other ever present punishment waiting for them of they break the law.

13
Q

What are the characteristics you look at to help you differentiate between criminal and civil law/cases?

A
. Aim
. Who brings the case to court
. Parties to the dispute
. Standard of proof
. Burden of proof
. Consequences
14
Q

What is Criminal law?

A

Criminal law protects the community by keeping it at peace. It relates to the acts or omissions against society such as murder, theft and assault.

15
Q

What is the aim of Criminal Law?

A

To apprehend, persecute and punish people who have broken the law along with deterring others from breaking the law.

16
Q

Who brings Criminal Cases to court?

A

The prosecution or the state can be the police who act on behalf of the community and take the alleged offender to court.

17
Q

Who are the parties in a criminal case dispute?

A

The parties to a Criminal dispute include the prosecution and the accused (who are innocent until proven guilty).

18
Q

What is the standard of proof in a Criminal Case?

A

The extent to which cold cases must be proven in criminal court is beyond question of a doubt (it is judged by a jury of everyday people).

19
Q

Who has the burden of proof in a criminal case?

A

The prosecution.

20
Q

What are the consequences in Criminal Cases?

A

Consequences include fines, imprisonment and community based orders.

21
Q

What is Civil law?

A

Civil law protects the rights of individuals rights, it refers to disputes between two parties (civil actions). For example family law, property law, tort law and contract law.

22
Q

What is the aim of Civil law?

A

To return the person whose rights have been infringed to the original position.

23
Q

Who brings civil cases to court?

A

The plaintiff brings the case to court, as they are the individuals who claim that they have been wronged.

24
Q

Who are the parties in a civil case dispute?

A

The plaintiff (which is only in civil law) and the defendant are the parties to the dispute.

25
Q

What is the standard of proof on a civil case?

A

Standard of proof is based on balance of probabilities, so basically which story is more probable (how verdicts are made).

26
Q

A who has the burden of proof in a civil case?

A

The plaintiff.

27
Q

What are the consequences in civil cases?

A

Consequences include paying compensation or damages, injunction (restraining someone from doing something or compelling someone to do something).

28
Q

What is Australia’s history of political and legal structures?

A

Australia’s political and legal strictures have been strongly influenced by it ever present links to British empire, before the 20th century the Commonwealth of Australia didn’t even exist, instead there were 6 separate British colonies with individual parliaments as if these colonies were separate countries.

29
Q

What view about Australia’s structure was starting to spread by the late 1800’s?

A

Many colonists felt it was time to unite as one nation in order to strengthen Australia’s defence,simplify immigration along with rail transport, tariffs and trade issues.

30
Q

What were the founding fathers responsible for?

A

Initiating the federal system because they proposed that the colonies become a federation of states within the commonwealth of Australia.

31
Q

When was australia federated?

A

The Commonwealth of Australia Constitution Act (UK) was passed in 1900 and came into play on the 1st of January 1901, this is when Australia was officially federated.

32
Q

What did the Constitution do for Australia?

A

Not only did it federate Australia, it also established the commonwealth parliament as the central law-making body.

33
Q

What is Australia’s system of government?

A

Constitutional Monarchy.

34
Q

What is a constitutional monarchy?

A

It is where the commonwealth parliament and state parliaments operate within the rules established in their constitutions. We have out own constitution which governs the country/state and the queen is the head of state.

35
Q

What is a constitution?

A

A legal document that outlines the basic rules of government and the law-making powers of the elected parliament (also known as legislature).

36
Q

Who is Australia’s head of state?

A

Queen Elizabeth II.

37
Q

What does the head of state do?

A

They act as the figurehead and the role is mainly ceremonial. They (Queen Elizabeth II) are represented by the governor-general at federal level and the governor ate a state level.

38
Q

How many parliaments are in Australia?

A

There are nine parliament in Australia, each parliament is a supreme law making body within it’s jurisdiction (area of power). These nine parliaments consist of the commonwealth/federal parliament, the six state parliaments and the two territory parliaments.

38
Q

Explain Commonwealth parliaments jurisdiction.

A

It’s jurisdiction over specific areas which relate to the whole of Australia such as defence, currency, immigration, postal services and telecommunication are outlined in the commonwealth of Australia Constitution Act 1900 (UK).

38
Q

Explain state parliaments jurisdiction.

A

They make laws in all areas except those allocated to the commonwealth/exclusive to the commonwealth. These laws apply within the boundary of the state (eg. VIC and NSW aren’t all the same and therefore are only applicable within specific state) examples include school, crime and forestry.

39
Q

Explain territory parliaments jurisdiction.

A

They have state-like law-making powers. These rights to self-government were finally given to the NT and ACT in 1978 and 1988 respectively.

40
Q

What are exclusive powers?

A

Exclusive powers are preferential powers, due to the fact that these law-making powers, which are of the commonwealth parliament, can only be exercised by the commonwealth. in shared areas commonwealth parliament will always override state law.

41
Q

What are acts of parliament?

A

Parliaments do not have enough time to make laws on every issue that requires regulation, therefore australian parliaments canvass an Act of parliament which gives permission to other bodies to make minor laws on behalf of parliament.

42
Q

Who can act on behalf of parliament?

A

Subordinate authorities can act on behalf of parliament through making laws also known as delegated legislation (this includes laws made by councils, which are also known as local laws).

43
Q

What are precedents?

A

Precedents establish principles of law and often clarify existing laws and are made by courts due to needing to make a legal ruling in a case. However Parliament can pass legislation to override a precedent.

44
Q

What is common law (judge-made law, case law)?

A

Laws made through the courts.

45
Q

What are the 3 levels of government?

A

. commonwealth parliament
. state and territory parliaments
. local councils

46
Q

Describe commonwealth parliament.

A

. elected to pass laws on issues of national interest

. responsible for deciding which proposed laws to be put before the commonwealth parliament

47
Q

Describe the state and territory Parliaments.

A

. pass laws for the governing of state or territory
. responsible for everything not listed as a federal responsibility
. (however some powers are shared with the commonwealth)

48
Q

Describe the local councils.

A

. address minor issue in different areas within the state or territory
. either shire or municipal councils
. their powers are defined by an Act of state or territory
. responsible for passing laws related to issues such as local roads, building regulations and rubbish collection

49
Q

What is Australia’s parliament system?

A

British Westminster System.

50
Q

What is the British Westminster System?

A

This system relies on the government at the time having the support of the majority of members of the lower House of Parliament in order to govern.

51
Q

What is the role of parliament?

A

To pass laws for the good government of the country or state.

52
Q

What is significant about Australian parliament?

A

All except NT, ACT and QLD are bicameral (meaning they have two separate houses or chambers).

53
Q

What does parliament consist of?

A

. The Crown (Governor-general and Governor)
. Upper house (Senate and Legislative Council)
. Lower house (House of Representatives and Legislative Assembly)

54
Q

What are political parties?

A

They are made up of people who have common beliefs, values, ideas, future directions and political objectives (parliamentarians) .

Those who don’t belong to a political party are known as independents.

55
Q

What are the main political parties?

A

. Australian Labour Party
. Liberal Party
. National Party
. The Greens

56
Q

Describe the senate.

A

. 76 members
. (12 (members) x (per) 6 (states) + 2 (members) x (per) 2 (territories)
= 72 + 4 = 76
. red
. upper house
. federal parliament
. equal representation of states (fair, founding fathers were concerned)

57
Q

Describe the House of Representatives.

A
. 150 seats 
. federal parliament 
. lower house
. green 
. made up of electorates (80-90,000 people) 
. majority is 50% + 1 = 75 + 1 = 76 
. 115/150 seats from east cost (NSW, QLD & VIC) 
. people's house
58
Q

Describe the legislative council.

A

. 40 members
. upper house
. red

59
Q

Describe the legislative assembly.

A
. 88 members
. lower house
. green 
. majority is 50% + 1 = 44 + 1 = 45
. made up of electorates (40,000 voters)
60
Q

What are the 2 main sources of law?

A

. law made by parliament (known as legislation, statute or an Act of parliament)
. and law made through the courts (known as common law, judge- made by-law, case law or precedent)

61
Q

List delegated bodies.

A

. municipal councils (which pass delegated legislation on local laws and by-laws)
. statutory authorities (pass laws relating to their operations, eg. Australia post)
. government departments (like taxation office and department of justice)
. executive council

62
Q

Explain how parliament is supreme.

A

Parliament is the supreme law-making body, they she the ultimate law making authority, they can make, change or repeal (cancel) previous legislation as well as override common law (they have the power to change common law).

63
Q

Voting.

A

state - every 4 years

federal - every 3 years

64
Q

What is a liberal democracy?

A

Allows the structure of parliament to have minority groups who also have a voice. People have a voice through voting for representatives (majority rules principle).

65
Q

What is the path of a bill?

A

It can proposed by either the lower or upper house of state or federal parliament, however it’s usually proposed by the lower house and must be passed by both house to be put throughout to the crown to sign.

66
Q

What steps are involved to pass a bill?

A

. 1st reading (introduced)
. 2nd reading (members debate and vote on main idea of bill)
- house committee (optional)(public inquiry into bill)
- consideration on detail (optional) (members discuss the bill in detail and any changes to the bill)
. 3rd reading (members vote on bill in final form)
. bill is passed (passed and sent to next house)

process repeated in other house

if it is passed in both houses it goes to the crown (either governor-general or governor) and
. receives royal assent (g-g or g signs the bill)
. bill becomes an act of parliament (a law for Australia)

67
Q

How can individuals influence changes in law?

A

. contacting the media (letter to the editor, talk back radio)
. taking part in an online campaign
. demonstrations
. organising a petition

68
Q

What are subordinate authorities?

A

Commonwealth, state and territory parliaments don’t have enough time or expertise to pass of all the laws necessary to run a country therefore they pass some of this law making authority to subordinate authorities. parliament passes an enabling act giving power the SA to make laws in a specific areas (should a subordinate authority make laws beyond the guidelines then laws will be decanted void.

69
Q

What are examples of subordinate authorities?

A

. stately authorities

70
Q

What is the opposition?

A

The next largest political party, they question the government about policy matters.

71
Q

What are bills?

A

Proposed laws.

72
Q

State important members in Australian politics.

A

Governor-general: Peter Cosgrove
Governor: Linda Dessau (VIC)
Prime Minister: Tony Abbott (Lib)
Deputy Prime Minister: Warren Truss (Lib)
Opposition Leader: Bill Shorten (Labour)
Premier: Daniel Andrews (VIC)(Labour)
Deputy Leader: James Merlino (VIC)(Labour)
Opposition Leader: Matthew Guy (VIC)(Lib)

73
Q

What is delegated legalisation?

A

Is a term used to describe when laws are made by subordinate authorities eg. parliament could deal get power to a local council, government department or other body

74
Q

What are residual powers?

A

Are basically the split up and assigned powers belonging to the state and federal government. This split means that the states look after their areas such as schools and healthcare whilst the federal government looks after the military etc.

75
Q

What is a statute?

A

An act of parliament or in other words a piece of legislation. Statues have the authority to govern a sate, city or country.

76
Q

Describe what suing is.

A

It is to start legal proceedings against another person or institution. They usually take people to court and want compensation for an issue.

77
Q

What is social cohesion?

A

Can be defined as the liking ness of members of a society to cooperate with each other in order to survive. Social cohesion is achieved when everyone works together and where diversity is accepted. There is equality and harmony along with safety in this system.

78
Q

What does bicameral mean?

A

A parliament consisting of two houses or chambers. eg. senate and house of representatives at federal level

79
Q

What is a civilian?

A

A civilian is someone who has no participation or background in the military, naval, police or firefighting organisations. eg. people who have occupations in hairdressing or plastering.

80
Q

What are concurrent powers?

A

They are law-making powers which are shared by the commonwealth parliament and the state parliaments. eg. under S109 of the constitution it states that of there is a conflict them commonwealth law prevails.

81
Q

What do laws/rules provide?

A

. provides protection, guidelines for acceptable behaviour social order, prevents conflict and keeps it functioning
. outline how dispute will be resolved
. along with deterring people from breaking laws or engaging in unacceptable behaviour (through the impending consequences such as penalties, compensation or imprisonment)
. without laws there would be chaos

82
Q

What is an enabling act?

A

An enabling act is an act which officially gives subordinate authorities the power to make laws. For example, of the parliament wanted to delegate power to a lower level of authority the enabling allows this to happen.

83
Q

What are executive powers?

A

Executive powers are a part of Government which has the main responsibility and authority. However, Australia doesn’t really have a separation of these powers, as some of the roles in parliament (Judiciary and executive) often overlap.