Flashcards
FA1 - Part A
Cards in this deck (22)
- 1Characteristics of effective laws:Laws must be clear, known, accepted, and seen to be applied fairly.
- 2What is the separation of powers doctrine?All three arms must be separate so that none has complete control. Each have distinct roles.
- 3What is the Westminster system?A system of government: power is distributed between the parliament, executive, and the judiciary,
- 4Judiciary:Power to make judgements on law (judges).
- 5Parliament:Power to make and change law (makes).
- 6Executive government:Power to put law into action (administers).
- 7What is the process of drafting a new law?The need for a law is identified
Draft bill → cab approves, min presents
First reading → clerk
Second reading → debate & clerk
Committee of the whole → amendments
Third reading → voted
Royal assent → gov general, bill>>act - 8Arms of Government?Exclusive: federal (currency, defense)
Residual: state (civil law, urban planning)
Concurrent: both (education, tax) - 9Adversarial system:Two parties dispute and present evidence.
Judge: "umpire", ensures rules, decides verdict if no jury, sentencing
Jury: listens to both sides, makes decisions on guilt (crim) or which is "true" (civ). - 10Inquisitorial system:Trial is presided over by judge.
Judge: seeks evidence, applies law and facts, verdict, sentencing.
No jury. - 11Actus reusthe performance of the crime
- 12Mens reaa person's mental state/awareness of their criminality
- 13Types of offences:Criminal: can serve time
Regulatory: max. penalty is a fine - 14Types of criminal offences:Summary: less serious, Magistrates' Court, tried by magistrate, no jury, prosecuted by police, quick and less formal.
Indictable: serious, district or supreme court, judge & jury, finalise >12 months. - 15Types of Indictable offences:Crimes: most serious, often intent to harm, prosecuted by indictment, potential loss of freedom.
Misdemeanours: less serious, also indictable but police usually need a warrant to arrest. - 16Written sources of law:Statue law: legislation (acts, statutes, codes).
Case law: established through court, precedents for future cases.
International treaties: rules and principles for relations between States and global organisations - 17Unwritten sources of law:Common law: made through legal custom as well as the courts.
Customary law: cultural rules governing a way of life by a system of beliefs - 18What is the role of policeReceive account of alleged event for investigation
Aim to protect the community
Ensure just outcomes
Part of the executive arm of government with special powers - 19Police powers:• can detain anyone for 7 days with no silence/lawyer for terrorist offence
• immediate searches for bombs & weapons
• no warrant needed for car, public, and private property searches
• no warrant where a person is dangerous, with drugs, weapons, or stolen property
• can arrest an adult without a warrant - 20Police responsibilities:• “Anything you say can be used against you”
• ascertain education & understanding for indigenous peoples
• carry out dignified searches with minimal embarrassment
• must state reason for arrest
• must state name rank & station - 21Criminal rights:• same sex body searches
• thorough searches out of public view
• cannot be detained more than 8 hours
• presumption of innocence
• fair trial, appeal, lawyer, & silence - 22Criminal responsibilities:• name and address
• obey law
• serve jury
• defend nation
• vote
• cooperate with enforcement
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- Year 11 Legal Studies (Term 1) Flashcards on FA1 - Part A, created by Josie Tye on 16/03/2025.
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- Josie Tye
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