Studied by 7 peopleCompare legal and non-legal rules
-non-legal rules are not legally binding and cannot be punished and enforced by the courts, while laws/legal rules are legally binding and can be punished and enforced by the laws. -non-legal rules are created by private individuals and groups, e.g. parents, but legal rules are made by an organization with authority e.g. government. -punishment for non-legal rules are generally less severe e.g. detention or not being allowed to use technology, however for legal rules the punishments are more severe e.g. jail time, fine.
Why do we have rules? What do they do?
To govern our behavior and maintain some form of social order and cohesion. They tell us what we can and can't do or what we can expect when interacting with others.
Who do rules apply to? provide some examples.
They apply to societies, so people part of a community, rules can be different depending on what community you are in. Examples: Family, Political, Friendship group, Economic.
Who makes legal rules and who enforces them?
Laws, made by parliament and enforced by the courts
What is a law?
They system of rules which a particular country or community recognizes as regulating action of its member and which it may enforce by the position of penalties. It provides a means to resolve conflict
What are the function of the law?
-to establish code of conduct -reflect community values -resolve disputes -provide for change
4 facts about the Australian commonwealth.
-It created the commonwealth of Australia -It created the High Court to resolve constitutional matters -Sets out the law-making powers of the the Federal Parliament -Has a large impact on Australia's system of government
Application: Which Court would a drink driving offence be heard in?
Magistrates Court.
Why is it essential to have laws?
To keep people and their property safe.
What are concurrent powers?
Where two bodies (e.g. government) have the authority to create laws in an area and one can override the others law.
What are exclusive powers?
Where only one body (government) has the ability to create laws in that area.
Provide at least 4 (of 12) examples on where only the Commonwealth has legislative power. (exclusive power)
-Defense and Foreign Affairs -Immigration and Naturalization -Trade -Aboriginal Welfare -Intellectual Property -Industrial Disputes -Currency and Units of Measurement -Transport ~ Airports/Shipping/Railways -Maariage -Communication ~ Post/Telephone/Internet -Banking and Insurance -Quarantine
Provide 4 examples that only States have legislative power over.
-Adoption/Surrogacy/IVF Treatment -Public Transport -Childcare and Education -Water and Electricity Supply
What is jurisdiction?
The different areas of law where each court has the authority to oversee and judge.
What is the jurisdiction of the High Court of Australia? ensure to explain what is in each "type" of jurisdiction
Original and Appellate (appealed) cases. High Courts original cases include constitutional matter and the implementation of treaties. High Court receives appeals from the Supreme Court.
Example of a case studied in class that contains the Supreme and High Court. Summarize the case
"Chip Slip" Strong v Woolworths case. Ended in High Court due to an appeal made by Woolworths after original decision made in the Supreme Court. Ms. Strong slipped on a chip in Woolworths area of care due to the fact that they didn't clean the floor regularly. The original decision was to award Ms. Strong $580,000 in compensation and was reinstated by Woolworths.
Why is the power to enter a treaty only allowable by the Commonwealth Government?
Exclusive power is what stops other governments, like the state government, from making the decision to join a treaty because it is not in their right/authority to. It is part of the Commonwealth governments job to negotiate internationally.
What are the 8 areas of the Millennium Development Goals?
-Poverty and Hunger -Primary School Education -Gender Equality for Women -Reduced Child Mortality Rates -Improve Maternal Health -HIV Aids, Malaria and other diseases -Environmental Sustainability -Global Partnership for Development
Outline the role/main purpose of the Millennium Development Goals.
There were 8 goals released in 2000 by the United Nations and were valid until 2015. They were targets made to help sustain and better the environment in the areas they outlined, and the progress made in the areas were measured.
What does Precedent mean?
A legal principle that must be followed by Magistrates and Judges in lower courts in cases where the facts are similar. Their decision made will be similar to the previous decisions made by courts higher in the hierarchy.
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