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| Question | Answer |
| Characteristics of effective laws: | Laws must be clear, known, accepted, and seen to be applied fairly. |
| What is the separation of powers doctrine? | All three arms must be separate so that none has complete control. Each have distinct roles. |
| What is the Westminster system? | A system of government: power is distributed between the parliament, executive, and the judiciary, |
| Judiciary: | Power to make judgements on law (judges). |
| Parliament: | Power to make and change law (makes). |
| Executive government: | Power to put law into action (administers). |
| What 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 |
| Arms of Government? | Exclusive: federal (currency, defense) Residual: state (civil law, urban planning) Concurrent: both (education, tax) |
| Adversarial 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). |
| Inquisitorial system: | Trial is presided over by judge. Judge: seeks evidence, applies law and facts, verdict, sentencing. No jury. |
| Actus reus | the performance of the crime |
| Mens rea | a person's mental state/awareness of their criminality |
| Types of offences: | Criminal: can serve time Regulatory: max. penalty is a fine |
| Types 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. |
| Types 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. |
| Written 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 |
| Unwritten 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 |
| What is the role of police | Receive account of alleged event for investigation Aim to protect the community Ensure just outcomes Part of the executive arm of government with special powers |
| Police 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 |
| Police 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 |
| Criminal 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 |
| Criminal responsibilities: | • name and address • obey law • serve jury • defend nation • vote • cooperate with enforcement |
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