Unit 1 Legal studies Revision notes for aos 1

Key Legal terms: Bicameral A parliament that consists of a lower and upper house

Key legal terms: criminal law Laws concerned not only with the rights of individuals directly involved but also with the welfare of society as a whole

Key legal terms: civil law Concerns with the protection by the law of the private rights of the individual.

Key legal terms: cabinet The meetings of the leader of the government and the most senior state members

Laws passed by parliament, also known as legislation or statues Key legal terms: Acts Laws passed by parliament, also known as legislation or statues

Key legal terms: Legal rules Laws created by institutions within the legal system and enforced by the legal system

Key legal terms: Non-legal rules Rules established within a group but not laws generally enforceable in the community

Key legal terms: Royal assent Final approval by the crown to an act of parliament

Characteristics of an effective law C.A.k.e.s Change – The law needs to be able to change to keep up with new advancements e.g. technology Accepted – the law needs to be accepted by members of the community. Known – the community needs to know that the law exists, to ensure they don’t break it. Enforced – The police need to be able to enforce the law, so the law must be capable of being enforced. Stable – The law cannot constantly change, if this happened, individuals could not be expected to know what the law is.

Differences between criminal and civil law Criminal Law Civil Law Concerned with the protection of the community as a whole and punishing offenders Concerns with the protection by the law of the private rights of individuals Burden of Proof – Police Prosecutor Burden of Proof - Plaintiff Standard of Proof – Beyond Reasonable Doubt Standard of Proof – Balance of Probabilities Sanction - punishment Remedy – compensation

Differences between legal and non-legal rules Who must obey the rules? Apply to all members of the community. Selected groups in the community, and we decide to be part of these groups e.g. sporting club, so we abide by the rules. Who makes the rules? Legal rules (laws) are made by: parliament, subordinate authorities, local councils and courts. Individuals or groups (parents, teachers, team captain, sporting clubs). Who enforces the rules? Court system, law enforcement agencies. Individuals and the head of groups enforce the non-legal rules. Who interprets the rules? Interpreted by a Judge or Magistrate in a court or by a member of a tribunal. Interpreted by a variety of people e.g. the umpire formally interprets the rules of a netball game.

Burden of proof A duty to prove what is suspected, which rests with the party making the allegation. Criminal case – Police Prosecutor Civil Case – Plaintiff (person who is suing the defendant)

Standard of Proof The standard against which cases are measured. Criminal case – beyond reasonable doubt Civil case – balance of probabilities

Legislative process on law-making There is usually a video here on law making but it is to big to put on a powerpoint that is attached to the weebly. The video is now found on the weebly site itself next to the button for this powerpoint.

Legislative process First Reading Minister will ask for Permission to read the Bill The title is read out Second Reading The Minister responsible for the Bill will present a speech outlining why the change in the law is needed. The broad principles or reasons for the law will be debated. The bill will then be voted on, if the majority of members agree, it may progress for detailed consideration. Alternatively, the Bill may progress directly to the third reading. Consideration in Detail Each clause is considered, together with any changes or amendments. Third Reading Any changes made from consideration in detail will be formally accepted, and if a majority agrees, the Bill will be passed to the Upper House Upper House Goes through exactly the same stages as the previous house. Royal Assent Is the formal approval by the Crown enabling the Bill to become law. It will then become an Act of Parliament and will come into operation on a date set in the Act or a date set in the Government Gazette. If no date is specified, the Act will come into operation 28 days after it has been given royal assent.

What is a bill? DIFFERENT to an act A bill is a draft law (proposed law) DIFFERENT to an act An act is a law that has gone through the legislative process

Structure of parliament House of representatives senate 150 members 3 year term Lower house Coloured Green inside Government is formed in this house Represents people 76 members 6 year term Upper house Coloured Red inside Represents states

Senate’s role House of review – The states house The senate is to review all the bills that have been passed by the house of representatives and thoroughly debate them. The states house 12 senators represent each state and 2 senators per territory = 76 seats This is so each state, no matter how big, is equally represented in parliament, and the concerns and rights of every state is voiced in parliament.

Delegating law making - why??? Saves time Parliament doesn’t necessarily have the expertise in that specific area to make laws Parliament doesn’t have local knowledge to make all the laws needed for each community.

Delegated bodies: statutory authorities Businesses that are government owned and controlled can make laws in relation to their specific field. Examples of statutory authorities: - Australia post - mail processes, what can be sent what can’t. - Vicroads - set regulations governing licensing and registration of vehicles.

Delegated bodies: government department Government departments are responsible for the administration of particular areas of government policy. Examples of government department: ATO – Australian Taxation office Department of justice Department of heath Department of education

Strengths and weaknesses of parliament as a law-maker It responds quickly to the demands for change in the law. It can delegate its power It is an elected and representative body It is able to involve the public in law-making It makes laws in futuro Passing a bill is time consuming. Delegated authorities are not democratically elected Government has control of both houses of parliament. It is influenced by lobbyists and other pressure groups. It is difficult to legislate in politically sensitive areas

Strengths and weaknesses of parliament as a law-maker REMEMBER: Contrasting Words e.g. whereas Structure 1 strength and then one weakness straight after DO NOT list all the strengths and then the weaknesses. Ensure you answer the question! If you are asked to evaluate, form an opinion