Term
| DIFFERENCE BETWEEN LEGAL AND LEGAL NON-LEGAL RULES INCLUDING EXAMPLES |
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Definition
LEGAL RULE ARE RULES MADE BY PARLIAMENT/COURTS, ENFORCEABLE BY THE COURTS, AND APPLY TO EVERYONE IN THE SOCIETY.
EXAMPLE: DRINK DRIVING, MURDER, ASSUALT, THEFT.
NON-LEGAL RULES ARE RULES MADE BY CERTAIN GROUPS SUCH AS;SCHOOLS, CLUBS, FAMILIES AND SPORTING ORGANISATIONS.
AND IT APPLIES ONLY TO MEMBERS OF THE GROUP.
EXAMPLE: SCHOOL UNIFORMS |
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Term
| SOURCES OF LAW, INCLUDING PARLIAMENT,COURTS AND SUBORDINATE AUTHORITIES. |
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Definition
SOURCES OF STATUTE LAW: AKA LEGISLATION AND ACT OF PARLIAMENT
SOURCES OF COMMON LAW: MADE BY JUDGES. ARISES WHEN CONSIDER AND MAKE DECISION.
SUBORDINATE AUTHORITIES: EXPERT BODIES ABLE TO MAKE LAWS IN SPECIFIC AREAS. DELEGATED POWER BY PARLIAMENT.
EXAMPLE: GOVERNMENT DEPARTMENT(eg: DEPARTMENT OF JUSTICE, EXECUTIVE COUNCIL, STATUTORY AUTHORITIES(VicRoads,AUSTRALIA Post)AND LOCAL COUNCILS. |
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Term
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Definition
THE NEED FOR LAWS:
1.ESTABLISH CODE OF CONDUCT: Establish acceptable behavious, Determine actions that won't be tolerated. eg; drink driving, murder.
2.PROTECT THE COMMUNITY: Laws prohibit violence and vandilism. Also laws to protect ourselves.Eg; cyclist wearing helmet, compulsory seatbelt laws.
3.REFLECT CHANGING VALUES: Values change ovetime. Laws should change to reflect this.eg:Divorce, sunday trading.
4.CHANGING TECHNOLOGY: As technology changes, laws need to adapt to cover new situations. eg:cyberstalking, digital piracy.
5.RESOLUTION OF DISPUTE: The law help settle civil disputes. For example; negligence, trespass, breach of contract. |
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Term
| CHARACTERISTICS OF AN EFFECTIVE LAW |
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Definition
EFFECTIVE LAWS HAVE A NUMBER OF CHARACTERISTICS:
1. Must be known and understood
2. Must reflect values and be accepted.
3. Must adapt to technological changes
4. Must be stable, consistent and enforceable. |
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Term
| DISTINCTION BETWEEN CRIMINAL LAW AND CIVIL LAW, INCLUDING THE BURDEN AND STANDARD OF PROOF AND EXAMPLES OF THE TYPES OF LAWS. |
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Definition
The differece between criminal law and civil law is that; criminal law is acts or omissions harmful to individuals and society. Purpose is to protect society, punish offenders, deter recidivism and deter others. The burden of proof is prosecution and standard of preyonoof is bd all reasonable doubts. Eg: murder, theft.
Whereas civil law is dispute between two parties. One party's rights are fringed. Seeks compensation or remedy. Purpose is to restore the injure to their original position. Burden of proof is paintiff and standard of proof is on the balance of probabilities. Eg: domestic violence. |
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Term
| AN OVERVIEW OF THE ROLE AND CHARACTERISTICS OF PARLIAMENT AND SUBORDINATE AUTHORITIES IN LAWMAKING INCLUDING:.THE STRUCTURE OF VICTORIAN AND COMMONWEALTH PARLIAMENT; THE ROLES OF THE HOUSES OF PARLIAMENT AND CROWN; THE PROGRESS OF A BILL THROUGH THE VICTORIAN PARLIAMENT, INCLUDING SECOND READING,CONSIDERATION IN DETAIL AND ROYAL ASSENT.THE ROLE OF THE CONSTITUTION. THE DIVISION OF LAW MAKING POWER BETWEEN, STATE AND COMMONWEALTH PARLIAMENTS, INCLUDING SPECIFIC (EXCLUSIVE AND CONCURRENT) AND RESIDUAL INCLUDING EXAMPLES OF THE POWERS. |
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Definition
THE STRUCTURE OF VICTORIAN PARLIAMENT: Crown[represented by the Governor]
ROLES OF CROWN: Royal assent, Dissolve parliament,Executive council.
Royal assent: The signing of a proposed law. Necessary before and act can become law.
Dissolve parliament: To bring about an election. Generally at the government's request
Executive council: Responsible for making delegated legislation while acting in council with relevant ministers. Delegated legislation is the rules and regulations made by govrnment bodies. Eg:Government departments, Statutory authorities (VicRoads)
UPPER HOUSE[Legislative council]
ROLES OF UPPER HOUSE: Similar to the senate. Acts as house of review. Represent the region of Victoria
LOWER HOUSE[Legislative assembly]
ROLES OF THE LOWER HOUSE:
Similar to the house of Reps;Determine government.
Initiate laws
STRUCTURE OF COMMONWEALTH PARLIAMENT:
CROWN[Represented b the Governor General]
ROLES OF CROWN:
ROYAL ASSENT; The signing of a proposed law. Necessary befroe an act can become law.
Dissolve parliament; To bring about an election. Generally at the govrnment't request.
Executive council; Responsible for making delegated legislation while acting in council with relevant ministers. Delegated legislation is the rules and regulations made by government made by government bodies.
UPPER HOUSE[SENATE]
1.HOUSE REVIEW:The senate has the task of reviewing the bills already passed through the House of Reps. Ensures bills which would be seen as too radical and are not rushed through parliament
2.STATE'S HOUSE: Each state has a number of senators. The interest of the states are ni this way protected. Ensures smaller states aren't dominated
LOWER HOUSE[HOUSE REPRESENTATIVE]
ROLE OF THE LOWER HOUSE[HOUSE OF REPRESENTATIVE]
1. INITIATE LAWS: New laws are usually introduced by the government. Although any member may introduce a bill
2.DETERMINE THE GOVERNMENT:After an election, the party that has the most members in the House of Reps forms gorvernment. |
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Term
| THE STRUCTURE OF THE VICTORIAN AND COMMONWEALTH PARLIAMENT. |
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Definition
STRUCTURE OF VICTORIAN PARLIAMENT.
CROWN[Represented by the Governor]
UPPER HOUSE[Legislative council]
LOWER HOUSE[Legislative assembly]
STRUCTURE OF COMMONWEALTH PARLIAMENT
CROWN[Represented by the Governor General]
UPPER HOUSE[SENATE]
LOWER HOUSE[House of Representative] |
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Term
| THE ROLES OF THE HOUSES OF PARLIAMENT AND THE CROWN |
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Definition
VICTORIAN PARLIAMENT
ROLE OF CROWN:
1.Royal assent: The signing of a proposed law. Necessary before an act can become a law.
2.Dissolve parliament: To bring about an election. Generally at the government's request.
3.Executive council: Responsible for making delegated legislation while acting in council with relevant ministers. Delegated legislation is the rules and regulations made by government bodies. eg; government deparments, statutory authorities(VicRoads)
THE ROLE OF UPPER HOUSE[LEGISLATIVE COUNCIL: Similar to senate. Acts as house of review. Represents the region of Victoria.
ROLE OF THE LOWER HOUSE[ LEGISLATIVE ASSEMBLY]: Similar to the House of Reps. Determine government and initiate laws.
COMMONWEALTH PARLIAMENT
ROLE OF CROWN:
1.ROYAL ASSENT:The signing of a proposed law.necessary before an act can become law.
2.DISSOLVE PARLIAMENT:To bring about an election. Generally at the government's request.
3.EXECUTIVE COUNCIL: Responsible for making delegated legislation while acting in council with relevant ministers.Delegated legislation is the rules and regulations made by government bodies.eg:Government departments, statutory authorities
ROLE OF THE LOWER HOUSE[HOUSE OF REPRESENTATIVE]:
1. INITIATE LAWS: New laws are usually introduced by the govt. Although any member may introduce a bill.
2.DETERMINE GOVERNMENT:After an election, the party with that has the most members in the House of Reps forms the government.
ROLE OF UPPER HOUSE[SENATE]
1. HOUSE OF REVIEW: The senate has the task of reviewing the bill already pass through the House of Reps. Esures bills which would be seen too radical are not rushed through parliament.
2.STATE'S HOUSE:Each state has the same number of senators.The interest of the states are inthis way protected.Ensures smaller states aren't dominated. |
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Term
| THE ROLES OF THE HOUSES OF PARLIAMENT AND THE CROWN |
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Definition
VICTORIAN PARLIAMENT
ROLE OF CROWN:
1.Royal assent: The signing of a proposed law. Necessary before an act can become a law.
2.Dissolve parliament: To bring about an election. Generally at the government's request.
3.Executive council: Responsible for making delegated legislation while acting in council with relevant ministers. Delegated legislation is the rules and regulations made by government bodies. eg; government deparments, statutory authorities(VicRoads)
THE ROLE OF UPPER HOUSE[LEGISLATIVE COUNCIL: Similar to senate. Acts as house of review. Represents the region of Victoria.
ROLE OF THE LOWER HOUSE[ LEGISLATIVE ASSEMBLY]: Similar to the House of Reps. Determine government and initiate laws.
COMMONWEALTH PARLIAMENT
ROLE OF CROWN:
1.ROYAL ASSENT:The signing of a proposed law.necessary before an act can become law.
2.DISSOLVE PARLIAMENT:To bring about an election. Generally at the government's request.
3.EXECUTIVE COUNCIL: Responsible for making delegated legislation while acting in council with relevant ministers.Delegated legislation is the rules and regulations made by government bodies.eg:Government departments, statutory authorities
ROLE OF THE LOWER HOUSE[HOUSE OF REPRESENTATIVE]:
1. INITIATE LAWS: New laws are usually introduced by the govt. Although any member may introduce a bill.
2.DETERMINE GOVERNMENT:After an election, the party with that has the most members in the House of Reps forms the government.
ROLE OF UPPER HOUSE[SENATE]
1. HOUSE OF REVIEW: The senate has the task of reviewing the bill already pass through the House of Reps. Esures bills which would be seen too radical are not rushed through parliament.
2.STATE'S HOUSE:Each state has the same number of senators.The interest of the states are inthis way protected.Ensures smaller states aren't dominated. |
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