Year 8 Civics & Citizenship Revision Flashcards

so sally can wait but she knows its to late.....

Democracy

A system of government in which the people have the power to make decisions, typically through elected representatives.

Westminster System

A parliamentary system of governance based on the British model, characterized by a bicameral legislature and a constitutional monarchy.

Basic Freedoms

Fundamental rights that allow individuals to act, speak, or think freely, such as freedom of speech, assembly, and religion.

Statute Law

Laws that are enacted by a legislative body, such as Parliament.

Common Law

Law established by the outcome of former court cases, which sets precedents for future cases.

Civil Law

A branch of law dealing with disputes between individuals or organizations, typically involving compensation.

Criminal Law

A system of law concerned with the punishment of individuals who commit crimes.

Indictable Offences

Serious crimes that can lead to a trial in the higher courts.

Summary Offences

Less serious crimes that are typically dealt with in lower courts.

Balance of Probabilities

A standard of proof in civil cases that determines which party is more likely to be telling the truth.

Beyond Reasonable Doubt

The standard of proof required in criminal cases, indicating no reasonable doubt that the person committed the crime.

National Identity

The sense of belonging and identity to a nation, comprising shared culture, values, and history.

Jury

A group of citizens sworn to give a verdict in a legal case based on evidence presented.

Judge

An official who presides over court proceedings and makes decisions on matters of law.

Prosecution

The legal party responsible for presenting the case against an individual accused of a crime.

Court Hierarchy

The structure of courts in a legal system, ranging from lower, general courts to higher, specialized courts.

Indictable Offence

A serious legal offense that typically involves a formal charge and trial.

Customary Law

The legal system that is based on traditions, customs, and practices of a particular community.

Rights

Legal, social, or ethical principles of freedom or entitlement.

Responsibilities

The duties or obligations that individuals have to respect others' rights and uphold the law.

Freedom of Assembly

The right to hold public meetings and form associations without interference.

• anti violence

• no trespassing

• public assembly law

Freedom of Association

The right to join or form groups, including unions or political parties.

• criminal laws (gangs and terrorists)

• workplace relation

• anti discrimination law

Freedom of Religion

The right to practice any religion or no religion without discrimination.

• criminal law (to not engage in terrorism)

Freedom of Speech

The right to express opinions without censorship or restraint.

• criminal law

• anti-discrimination

• media, broadcasting and telecommunication laws

• information laws

What is freedom of movement?

Freedom of movement refers to the individual's right to travel freely, settle, and reside within their own country, as well as the ability to leave and return without restrictions.

• criminal law (accused person who is waiting for trial cannot leave)

• terrorism law

• customs and borders protection

• citizenships and passport laws

• laws restricting entering certain countries

What are the democratic values of Australia?

The democratic values of Australia consist of freedom (individual rights to express and participate), respect (recognizing the rights and dignity of others), equality (ensuring equal rights and opportunities), and community (working together for the common good). These values support the rights and freedoms of all citizens and promote a fair and just society.

What are the key features of the Senate in Australia?

The Senate in Australia is characterized by its role as the upper house of Parliament, with equal representation of states regardless of population, the ability to review and amend legislation, and the power to block bills. Senators serve a term of six years, with half the seats contested every three years.

What are the key features of the House of Representatives in Australia?

The House of Representatives is the lower house of Parliament, characterized by representation based on population, which ensures that larger states have more members. Members serve a term of three years, and the House has the primary responsibility for proposing legislation and representing the interests of the public. It also plays a crucial role in forming the government, with the party (or coalition) that has the majority of seats appointing the Prime Minister.

What are the different levels in the Australian court hierarchy?

The Australian court hierarchy consists of several levels:

1. High Court of Australia
   • The highest court in the country that hears significant constitutional and appellate cases.
2. Federal Courts
   • Includes the Federal Court of Australia and the Family Court of Australia, handling federal law cases and family law matters, respectively.
3. Supreme Courts
   • Each state and territory has its own Supreme Court, which deals with serious criminal and civil cases and appeals from lower courts.
4. District or County Courts
   • These courts exist in most states and territories, handling a range of serious criminal cases and significant civil matters.
5. Magistrates' Courts
   • The lowest level of the court hierarchy, dealing with minor criminal offenses, traffic violations, and small civil claims.

Why do we need laws?

Laws are necessary to maintain order, protect individual rights, establish standards for justice,

What are common law offences?

Common law offences are crimes that have been established by court decisions rather than by statutes or legislation.

What are examples of common law offences?

Examples include murder, manslaughter, and theft.

What are the typical punishments in common law?

Punishments can include imprisonment, fines, or community service, depending on the severity of the offence.

What is precedent in common law?

Precedent is a legal principle that mandates that courts follow the established decisions of previous cases when making rulings.

How does common law differ from statutory law?

Common law is based on customs and judicial precedents, while statutory law is based on written laws enacted by legislative bodies.

What are statutory offences?

Statutory offences are crimes that are defined and penalized by specific statutes created by legislative bodies.

What are examples of statutory offences?

Examples include driving under the influence (DUI), tax evasion, and copyright infringement.

What are typical punishments for statutory offences?

Punishments for statutory offences can include fines, imprisonment, community service, or probation, depending on the specific law and severity of the offence.

What are statutory resolutions?

Statutory resolutions refer to legal remedies and enforcement actions provided by statutes to address violations, such as mandatory fines or corrective measures.

What is an offence in civil law?

An offence in civil law refers to a breach of legal duty that causes harm or injury to another party, leading to a civil lawsuit.

What are potential punishments for civil law offences?

In civil law, potential punishments typically involve monetary compensation (damages) to the injured party, injunctions to stop certain actions, or specific performance to fulfill legal obligations.

What is a resolution in civil law?

A resolution in civil law often involves settling disputes through means such as mediation, arbitration, or a court judgment, which aims to provide a remedy and restore rights.

What is an offence in criminal law?

An offence in criminal law is an act or behavior that is prohibited by law and punishable by the state.

What are typical punishments for criminal offences?

Typical punishments for criminal offences include imprisonment, fines, probation, community service, or in some jurisdictions, capital punishment.

What is a resolution in criminal law?

A resolution in criminal law often refers to the final outcome of a case, which may include conviction, acquittal, plea bargain, or sentencing decisions made by a court.

What is customary law in relation to Aboriginal and Torres Strait Islander peoples?

Customary law refers to the traditional laws, practices, and customs that have been observed by Aboriginal and Torres Strait Islander peoples for generations, governing social behavior, land use, and interpersonal relations.

What are common offences recognized under Aboriginal and Torres Strait Islander customary law?

Common offences may include breaches of social and cultural norms, such as disrespecting sacred sites or violating kinship obligations.

What are typical punishments for offences under Aboriginal and Torres Strait Islander customary law?

Typical punishments may include restitution, community service, a form of apology, or undertaking specific actions to restore relationships within the community.

How are resolutions typically achieved in Aboriginal and Torres Strait Islander customary law?

Resolutions are often achieved through community gatherings, mediation by respected elders, and reconciliation processes, emphasizing the restoration of harmony and relationships rather than punitive measures.

What are the steps involved in making a law in Australia?

1. Proposal of a Bill: A bill is introduced in either the House of Representatives or the Senate.
2. First Reading: Bill's title is presented; generally, there's no debate.
3. Second Reading: General principles and purpose are debated.
4. Committee Stage: Detailed examination and discussion of amendments.
5. Report Stage: Further amendments may be made before the third reading.
6. Third Reading: Final version is debated, and members vote to accept or reject.
7. Royal Assent: If approved by both Houses, the bill is sent to the Governor-General for formal approval to become law.

What is a plaintiff in a civil case?

A plaintiff is the individual or party who initiates a lawsuit in a civil case, claiming to have been wronged or harmed and seeking legal remedy from the court

What is a defendant in a civil case?

A defendant is the individual or party being accused or sued in a civil case, who is required to respond to the plaintiff's claims in court.

What are the arms of government in Australia?

The arms of government in Australia consist of three main branches:

1. Legislative: Responsible for making laws, comprising the Parliament, which includes the House of Representatives and the Senate.
2. Executive: Charged with implementing and enforcing laws, made up of the government, led by the Prime Minister, and the Governor-General.
3. Judicial: Interprets and applies the law, consisting of the court system, including the High Court of Australia and other federal and state courts.

What are tort laws in Australia?

Tort laws in Australia are civil laws that allow individuals to claim compensation for harm caused by others' actions or negligence.

What is negligence in tort law?

Negligence is when there is a breach of duty of care that leads to injury or loss, such as a reckless driver causing an accident.

What is defamation?

Defamation involves false statements harming an individual's reputation, including slander (spoken) and libel (written).

What is trespass in tort law?

Trespass involves unauthorized entry onto someone's property or interference with their property rights.

What is nuisance?

Nuisance is a type of tort that addresses issues that interfere with the enjoyment of one’s property, such as excessive noise or pollution.