1. Unit 1 Legal studies
Revision notes for aos 1

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

3. 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

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

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

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

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

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

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

10. 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.

11. 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

12. 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.

13. 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)

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

15. 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.

16. 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.

17. 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

18. 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

19. 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.

20. 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.

21. 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.

22. 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

23. 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

24. 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