Legal Exam Revision

Where did ancient democracy originate?

Athens - Greece

Who was (and who wasn’t) included under ancient democracy?

Included - Rich, free men

Excluded - women, the poor, slaves and foreigners

What rights do we have under our democracy in Australia today?

The right to vote

Freedom of speech

Freedom of religion

Freedom of assembly

What is federation and when did it occur?

Federation refers to the process in which in which the 6 British colonies: NSW, VIC, QLD, SA, WA and TAS united to form the commonwealth of Australia.

The federation officially took place on the 1st of January, 1901.

How many levels of government do we have in Australia and what are they?

Australia has 3 levels of government.

They are:

• Federal

• State & territory

• Local

What is meant by ‘parliament’?

Parliament is a legislative body of government responsible for making/changing laws and overseeing the government through hearings.

Describe the difference between the terms ‘government’ and ‘parliament’

Parliament is where all elected representatives come to make laws and decisions, whereas government is the group in charge with the most seats in the house of representatives.

What is meant by a ‘bicameral parliament’?

A bicameral parliament has two houses that work together to make laws.

Names of Houses in Federal Parliament and numbers in each

House of Representatives (lower house) - 151 members

Senate (upper house) - 76 members

Names of Houses in State Parliament and numbers in each

Legislative assembly (lower house) - 88

Legislative council (upper house) - 40

Titles of Crown’s Representative in State and Federal Parliament

State - Govenor

Federal - Govenor-general

How is government formed?

Government is formed when a political party wins the most seats in the house of representatives.

What is the role of the House of Representatives in contrast to the Senate?

The house of representatives makes laws, whereas the senate reviews them.

The house represents the people, and the government is chosen here.

The senate makes sure laws are fair and can ask for changes to be made.

What is an ‘electorate’?

An electorate is an area where people vote for a representative in parliament.

Difference between rules and laws (with examples)

Rules are guidelines created for specific groups or organizations to ensure they can work together peacefully.

Laws are enforced regulations and apply to all members of society, with harsher consequences if broken.

Examples:

Rule - School dress code

Law - Wearing seatbelts when driving

Give an example of a dictatorship

A dictatorship is a form of government in which a person or small group has total control, and people have little to no say.

An example of this would be Kim Jong-un, the leader of North Korea, who makes all major decisions without elections or opposition.

Give an example of a constitutional monarchy

Explain the difference between a civil and a criminal case

A civil case involves disputes by individuals or organizations. The goal is to settle conflict and provide compensation.

A criminal case involves crimes against society. The government prosecutes the accused, and they will receive a penalty.

Define ‘acquit’

To ‘acquit’ someone means to declare them not guilty of a crime.

Define ‘convict’

To ‘convict’ someone means to declare them guilty of a crime.

Define ‘beyond reasonable doubt’

Beyond reasonable doubt means that evidence must be so strong that there is no logical reason to believe the accused is innocent.

Define ‘sanction’

A ‘sanction’ is a penalty or consequence imposed for breaking rules or laws.

Define ‘accused’

‘Accused’ refers to a person or group charged with a crime or on trial for an alleged offence.

Define ‘fine’

A ‘fine’ is a monetary penalty imposed by a court or government for breaking a law or regulation.

Define ‘community corrections order’

A community corrections order is a sentencing option that allows an offender to serve their sentence in the community, rather than prison.

Define ‘imprisonment’

Imprisonment is the state of being confined in a prison or facility as a form of legal punishment.

Define ‘indictable offence’

An indictable offence is a serious criminal offence that is often taken to a higher court, where a judge and jury decide the case.

Examples of indictable offences include murder, robbery and serious drug crimes.

Define ‘summary offence’

A summary offence is a less serious criminal offence usually dealt in the lower court without a jury.

Examples of summary offences include disorderly conduct, minor assault and traffic offences

Define ‘bail’

Bail is the temporary release of an accused person while they await trial.

Define ‘remand’

Remand is the act of sending someone back into custody while they await trial.

Define ‘parole’

Parole is the conditional release of a prisoner before they have completed their full sentence.