Legal U3 AOS 1 - Rights and justice ⚖️

Act of Parliament

A parliament-made law

Australian Constitution

A set of rules and principles that guide the way Australia is governed.

Set out by the Commonwealth of Australia Constitution Act

bill

A proposed law presented to parliament to become law.

civil law

An area of law that defines the rights and responsibilities of individuals, groups and organisations in society and regulates private disputes.

Purposes of civil law

• Defines rights and responsibilities of indies/groups/orgs

• Regulates private disputes

• Returns plaintiff to position before breach occurred

Breach

A defendant failing to observe a law or meet an obligation imposed upon them.

Causation

The idea that the actions of the defendant directly resulted in the harm suffered by the plaintiff.

Loss

For a plaintiff to be awarded a remedy, it generally must be demonstrated that they have suffered some form of harm or loss.

common law

Law made by judges through decisions made in cases.

Constitutional monarchy

A system of government in which:

• Monarch (King) is head of state

• Constitution sets out parliamentary powers

criminal law

An area of law that defines behaviours and conduct that are prohibited and outlines sanctions for people who commit them.

Purposes of criminal law

• Protects the community

• Defines crimes

• Imposes sanctions upon those who commit crimes

Federation

The union of sovereign states that gave up some of their powers to a central authority to form Australia.

government

Ruling authority with power to govern, formed by party or coalition that holds the majority in the lower house in each parliament.

High Court

The ultimate court of appeal in Australia and the court with the authority to hear and determine disputes arising under the Australian Constitution.

laws

Legal rules made by a legal authority that are enforceable by the police and other agencies.

opposition

The political party that holds the second-largest number of seats in the lower house. The opposition questions the government about policy matters and is responsible for holding it to account.

Parliament

A formal assembly of representatives of the people that is elected by the people and gathers to make laws.

Remedy

Any court (or tribunal) order designed to address a civil wrong or breach. A remedy should provide a legal solution for the plaintiff for a breach of the civil law by the defendant.

Rule of law

The principle that everyone in society is bound by law and must obey the law, and that laws should be fair and clear so people are willing and able to obey them.

Sanction

A penalty imposed by a court on a person guilty of a criminal offence.

Secondary legislation

Rules and regulations made by secondary authorities (e.g. local councils, government departments and statutory authorities) that are given the power to do so by the parliament.

Statute

A law made by parliament; a bill that has passed through parliament and has received royal assent (also known as legislation or an Act of Parliament).

Westminster system

A parliamentary system of government that developed in Britain and upon which Australia’s parliamentary system is modelled.

Separation of powers:

• Make laws (parliament)

• Administers laws (executive/government)

• Interprets laws (courts)

Responsible parliament:

• Answerable to elected members and actions of elected parliament

• Carrying out laws

Bicameral parliament

• 2 houses: Upper and lower

Social cohesion

The willingness of members of a society to cooperate with each other in order to survive and prosper.

Responsible government

A legal principle which:

• requires gov to be answerable to elected reps for its actions

• requires gov to maintain the confidence of the majority of the lower house.

Crossbenchers

Members of Parliament who are not members of either government or opposition (i.e. independent members or members of minor parties).

Precedent

A principle established in a legal case that should be followed by courts in later cases where the material facts are similar.

burden of proof

the responsibility of a party to prove the facts of a case.

onus

burden/responsibility

standard of proof

the degree to which the facts of the case must be proven.