commerce test (legal studies) alexa is geeked

what is the australian constitution

a set of rules by which austrlia is run, it came into effect in jan 1900. it is the foundation of australias government.

define westminister system

a system where the party with the most seats in parliment forms a government, australia is based of this system.

define representive democracy

a system where people vote for representatives to make laws and decision on their behalf

define consitutional monarchy

a sytem where a king or queen is head of state, howver they still follow the countries consitution

define federation of states

a group of states that have joined together to form a single country

what are australias three levels of government

federal/national - the commonwealth parliment, state and local government

areas of power for federal governemnt

internet, money, immigration and defence

areas of power for state governemnt

public transport, school, hostpital

areas of power for local governemnt

rubish collection, parks, pet control

define concurrent powers

law-making areas shared between state and federal parliaments

what happens if a state and federal law in the same area conflict

the federal law overules the state law

name the following components that make up the australian parliment

the king, governor general, senate, house of representatives, parliment of australia

define upper house

representatives of the interest of the states

define lower house

representatives of the people

define minister

members of the australia government who have been given an area of responsibility

define shadow minister

members of the opposition, chosen by the leader of the opposition

define prime minister

the head of government and leader of the executive government

define leader of the opposition

the chief spokesperson for the opposition

define independents

a member of the australian parliament who does not belong to a political party

define cross benchers

made up of independents and minor parties

define cabinet

the central decision-making body of a government, typically cosisting of prime ministers

define policy

a plan of action or a position taken by a political party

define policy-making

the process of formulating a policy

influences on public policy

the media, parliament, public opinion, elections

whats the process of turning a policy into a law

executive government decides policy and then introduces bills to the parliament, bills are considered by parliament, the bills are approved by governor general, bill becomes act of parliament

define bill

a proposal for a law, or legislation, that is introduced into parliament

define act of parliament

a statute or law passed by both houses of parliament that has received royal assent

what kind of a bill can only be introduced in the lower house

money laws, such as taxation bills

define courts jurisdiction

define magistrates’ court

the lowest state court

define supreme court

the highest state court

what criminal matters does the magistrate's court hear

less serious crimes such as traffic offences or civil disputes up till 100,000

what criminal matters does the county court hear

hears serious crimes such as robbery and civil disputes up to unlimited amounts

what criminal matters does the supreme court hear

hears the most serious offences

define common law

law developed by judges through court decisions (case law) rather than through statutes passed by parliament.

define precedent

legal principles developed by the courts, and the legal reason for the decision

define criminal law

body of law that protects the community by establishing crimes. penalties maybe be imposed such as a fine

who are the two parties

prosection and the accused

define civil law

area of law that regulated disputes between individuals and groups (do not involve police or state), such as trespassing civil remedies are awarded such as damages

who are the two parties

the plaintiff and the defendant