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Politics and Law
| Question | Answer |
|---|---|
| Law | A legally enforced rule that is created by parliament and applicable to all members of society (usually) |
| Rule | Non-legal guidelines for behavior created by private groups of people or individuals and enforced within the organisation |
| Precedent | Law derived from repeated decisions by judges. |
| Legislation | 'Acts' created by parliament/government |
| Common Law | Law derived from England- the foundation of the legal system. |
| Criminal Law | To punish criminal activity |
| Civil Law | To settle civil dispute |
| Rule of Law | Everyone is equal before the law |
| Right to Fair Trial | A person's identity or situation should not affect their trial |
| Right to Legal Representation | Everyone has a right to a lawyer |
| Presumption of Innocence | A suspect is innocent until proven guilty |
| Burden of Proof | The burden of proof falls on the plaintiff, and is the responsibility to prove their claims |
| Constitution | Fundamental principles of an organisation |
| Delegation of Powers | Vesting of powers within the government |
| Separation of Powers | The division between the legislative, executive, and judiciary pillars of government |
| Bill | A proposed law |
| Act | A bill passed by the Australian parliament- referred to as an 'Act of Parliament' |
| The Universal Declaration of Human Rights | A common standard or widely accepted ruling rearding the various rights humans are entitled to. |
| Effective Law | Laws that meet the five characteristics of a law |
| Ineffective Law | Laws that do not meet the five characteristics of a law |
| The Five Characteristics of Law | - Clear - Stable - Widely known and understood - Reflecting the values of society - Enforcable |
| The Purpose of Law | - Provide guidelines for what is acceptable - Set expectations - Fundamental to social cohesion |
| The Court Heirachy | High Court of Australia Supreme Court of Appeal Supreme Court Trial Division County Court Magistrate's Court Family/Drug/Koori/ |
| Tiers of Government/Division of Powers | How the government is structured to delgate responsibility Federal State Local |
| Federal Government (responsibilities) | Currency Immigration National security |
| State Government | Roads Education Healthcare |
| Local Government | Bins Pet registration Parks |
| Path of a Bill | Bill enters House of Reps 1st reading 2nd reading Public inquiry 3rd reading PASSED! Bill enters Senate 1st reading 2nd reading Public inquiry 3rd reading PASSED! Governor General Bill gets royal assent Bill becomes a law/act of parliament |
| Election of PM | House of Reps |
| Appeals | Occur when a verdict does not align with the belief of a plaintiff |
| Specialised courts | Designed to reduce burden on main courts and limit recidivism |
| High Court | Deals with cases regarding constitutional dilemmas |