Stage 1 Legal Studies - Semester 2 Exam Study Guide

RULE OF LAW

The law is applied equally and fairly. No one is above the law.

Separation of Powers

The justice system in Australia involves three distinct branches, each responsible for a different role - Legislative, Executive and Judiciary.

Legislative

Primary lawmaking body of Australia, creates, amends and repeals legislation. Includes elected representatives (federal and state parliament).

Executive

Responsible primarily for the application and enforcement of laws. Includes the Prime Minister/Premier, Governor-General/Governor, cabinet ministers, government agencies like the police.

Judiciary

Interprets and applies legislation, at times establishing new legal principles based on this interpretation (common law). Includes judges, magistrates, courts etc.

The law and its administration is subject to open and free criticism

Directly relate to freedom of speech, ensuring opportunities to hold those in power to account for the decisions they make on behalf of the people.

Laws are known and accessible

The law must be known and predictable so that all people are able to be guided by it and know clearly the consequence of their actions. All people are bound by laws, whether they know them or not.

Laws are made in an open and transparent way by the people

Members of society have the right to participate in the creation of laws that regulate their behaviour and govern their actions. Australia is a democracy in which eligible Australian citizens vote for representatives to carry out the business of governing on their behalf.

Presumption of innocence

The idea that a defendant is innocent until proven guilty.

LAWMAKING

The establishment and creation of laws and legal principles.

Constitution

Establishes the framework for government and lawmaking powers in Australia, dividing powers between the federal and state government, outlining the separation of powers.

Legislation

A law or set of laws created by Parliament.

Division of Power

The Constitution explicitly divides power between the federal and state governments, who can then delegate power to local governments.

s 51 Constitution

This section enumerates the specific lawmaking powers of Federal Parliament.

Residual Powers

Lawmaking powers that remain with state governments, those not listed in s51.

Constitutional Validity

All laws created by Federal and State Parliaments must be constitutionally valid. For Federal laws, it must be ensured they do not extend beyond those powers vested by s51; for State laws, they must not conflict with Federal laws or conflict with established federal law.

High Court

Highest court in Australia, has the original jurisdiction to hear matters of federal significance, including constitutional challenges to laws.

Bicameral structure

A government comprising two legislative chambers, generally and upper and a lower house. Bicameral = Two chambers.

Senate

The upper house of Federal Parliament, elected to represent a state or territory, scrutinises bills and acts as a check on government.

House of Representatives

The lower house of Federal Parliament, elected to represent a specific electorate, introduces most bills, the party or coalition with majority forms government.

Governor-General

Representative of the monarch in Federal Parliament, provides Royal Assent to bills.

Hansard

The official transcript of the proceedings of Australian parliament and its committees.

Bill

A law before it has been passed through both chambers and enacted.

Readings

The stages a bill goes through during the legislative process, including the introduction of the bill, debate on its principles, detailed review, and a final vote.

Checks on legislative power

Constitutional validity (High Court), judicial review, separation of powers, democratic accountability, senate/committee scrutiny

JUSTICE SYSTEM

A system of laws and rulings which protect community members and their property.

Burden of proof

The obligation to prove one's assertion or the allegations made in a legal case. Carried by the prosecution in criminal cases, they must prove guilt.

Standard of proof

The level of certainty required to establish proof in a legal proceeding.

Beyond reasonable doubt

Standard of proof in a criminal trial, the evidence presented must be so convincing that there is no reasonable doubt in the mind of a reasonable person that the accused is guilty.

Proving guilt

The prosecution must prove all elements of an offence beyond reasonable doubt.

Right to a fair and prompt trial

All defendants have the right to be treated impartially before the law, maintaining the presumption of innocence, not delaying proceedings in a matter that would unfairly punish prior to a verdict being reached.

Adversary system of trial

A legal system where two opposing parties present their cases to an impartial judge or jury. Impartial judge, autonomous parties, strict rules of evidence and procedure.

Impartial judge

A judge who remains neutral and unbiased, ensuring a fair trial by not favouring either party.

Autonomous parties

Independent parties in a legal case who have control over their own legal representation and strategy.

Strict rules of evidence and procedure

Regulations that govern what evidence is admissible in court and how legal proceedings are conducted.

Jury

A group of 12-15 citizens selected to evaluate evidence and determine the verdict in a trial.

Bail

Conditional release from custody for a person accused of a crime, allowing them to stay in the community until their court case is finalised.

Bail agreement

An agreement to appear in court on an allocated date

Bail conditions

Conditions may be imposed, such as living at a specific address, receiving treatment or not contacting certain individuals

Cash bail

Monetary deposit to guarantee an accused person will comply with their bail conditions and appear in court. If the

"Fourth Estate"

A term for the news media, seen as a branch of power alongside the legislative, executive and judiciary, holding government accountable to the public.

Media bias

Favouritism and reporting of certain ideas, standpoints or perspectives. Often excludes context or perspectives that conflict with these views.

Misinformation

False and misleading information created or shared by mistake, without the intent to mislead

Disinformation

False and misleading information created or shared to deliberately mislead people.

Malinformation

Information based on fact, removed from its original context in order to mislead, harm or manipulate.

Defamation

Material published to a third party; that caused third party to form reduced opinion of them; causing or likely to cause serious harm to their reputation.

Defences to defamation

Expression of opinion that is in the public interest; substantial truth; parliamentary proceedings