What is the difference between a custom, a rule and a law?
a custom is a set of traditional and widely accepted set of unwritten rules people involved in society should follow
law:a system of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties.
rule: one of a set of explicit or understood regulations or principles governing conduct or procedure within a particular area of activity.
What is Actus Rea?
A guilty act.
What is the one main rule of law that is the center piece of it all.
The no-one is above the law
What are the 4 different types of courts?
Magistrates
District
Supreme
High
What is the division of powers?
Judiciary, Executive, Legislature
State the terms "statute law, common law and customary law"
Common law is often referred to as 'judge-made' law. Common law is separate from statute law and does not rely on there being any Act of Parliament underpinning it. While statute law is the main source of law in Australia, the common law remains a vital and developing part of our legal system.
What is mens rea?
the intention or knowledge of wrongdoing that constitutes part of a crime
How many sections are there in the rule of law?
There are 10 sections, 11 including the center
Bonus points if you can name two aspect of the rule of law.
What are the 2 types of law people can commit?
Summary (like running a red light) & Indicable (murder)
Which branch of the australian government makes customary laws?
None, they make statute laws, common law is the body of law created by judges off a virtue of opinions from previous cases.
Describe the types of evidence police may collect from the crime scene during the investigation process.
physical evidence such as clothes you were wearing, or other property related to the crime. photographs and fingerprints at a crime scene. medical evidence if you have been assaulted or injured.
Use actus reas in an example sentence
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What are the different components in the "Lady of justice" statue?
Scales, sword, blindfold and snake
Double points if you can name what they stand for and how they interpret the rule of law.
Magistrates court: Magistrate
District court: Judge
Supreme court: Judge
High court: Judge
Explain the difference and roles of the separation of powers.
the legislature makes the laws; the executive puts the laws into operation; and the judiciary interprets the laws.
Name (In order) the steps to create a law.
1. Presentation, explanatory speech, and first reading
2. Committee consideration
3. Committee report
4. Second reading
5. Consideration-in-detail
6. Third reading
7.Royal assent
use mens rea in an example sentence
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Describe the concept of Rule of Law and identify four (4) key characteristics which are essential for the rule of law to be effective within society.
What are the 4 main sections of the constitution we looked at in class?
S128: explains the mode of altering the constitution
S109: states whether a state law is inconsistant with the commonwealth law
S51
S44
Describe the system of residual, concurrent and exclusive powers in Australia. Give examples of the powers held by local, state and federal governments.
Local: transportation services and public works
state: hospitals, conservation and environment, roads, railways and public transport, police
federal:general taxation and economic matters, and the larger issues like national security, communications and welfare
Every time you name an aspect of rule of law, you get 100 points
What is the difference of an adversarial system and an inquisitorial system?
An adversarial system is when the victim and suspect are going against each other in the court of law, and the judge is only there to enforce the rules with the jury being the decider on whether the suspect is guilty or not guilty
an inquisitorial system is when the judge sees both sides of the story, not being in a 1v1 setting but hearing both sides of the story out.