Legal Studies - Chapter One

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Flashcards on Legal Studies - Chapter One, created by madeleine.meehan on 11/02/2015.
madeleine.meehan
Flashcards by madeleine.meehan, updated more than 1 year ago
madeleine.meehan
Created by madeleine.meehan over 9 years ago
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Question Answer
LEGAL RULES are laws or rules recognised as binding on all members of the community. They are made by parliament and enforced by the courts.
NON-LEGAL RULES recognised as regulation and principles governing conduct. They are created by group/individuals and are enforced by these parties.
BICAMERAL two houses of parliament
COALITION opposing party to the political party forming the government
GOVERNMENT the members of parliament belonging to the political party or parties with the majority of members in the lower house of parliament.
PARLIAMENT the supreme law-making body (within its jurisdiction) consisting of the Queen's representative (Governor-General), the Senate and House of Representatives at a federal level; and the Queen's representative (governor) and the Legislative Council and Legislative Assembly at a state level.
CONCURRENT POWERS law-making powers that are shared by the Commonwealth parliament and state parliaments. Under S109 of the Constitution if there is a conflict then the Commonwealth law prevails.
RESIDUAL POWER law -making powers left with the states of the time of federation
EXCLUSIVE POWERS law-making powers of the Commonwealth parliament that can only be exercised b the Commonwealth parliament
BILL a proposed law
STATUTE an act of parliament; a piece of legislation
LAW a legal rule
ACT OF PARLIAMENT a law passed by parliament which must be followed by everyone it affects
SUE to start civil proceedings against another
ENABLING ACT an act giving subordinate authorities the power to make laws
DELEGATED LEGISLATION laws made by subordinate authorities
CABINET the Commonwealth government policy-making body that decided that changes in the law should occur. it is made up of senior ministers and the prime minister.
MINISTER a member of parliament who is responsible for a particular portfolio or area of government
GOVERNOR the Queen's representative at a state level
GOVERNOR-GENERAL The queen's representative in Australia and the executive head of the Commonwealth parliament
SUBORDINATE AUTHORITIES authorities that have been given power by an act of parliament (an enabling act) to make rules and regulations
ULTRA VIRES beyond the power or authority. An act of parliament or piece of delegated legislation may be deemed ultra vires by a court because it is outside the power of the body making the law.
CRIMINAL LAW aims to apprehend, prosecute and punish people who have broken the law to deter others from breaking the law
CIVIL LAW aims to return a person whose rights have been infringed to their original position.
CONSTITUTION legal document outlining the basic rules of the government and the law-making powers of the elected party
CONSTITUTIONAL MONARCHY a country who has a system of government where the Commonwealth parliament and the state parliaments operate the rules established within the constitution.
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