legal concepts
What is the rule of law?
This is the concept that the law should apply equally to all.
What is the legislature?
The arm of government with the power create laws.
Finish this sentence: The presumption of innocence means you are .........
innocent until proven guilty
The court that hears murder.
Supreme Court
What is the legal term meaning two houses of parliament.
bicameral
What is a constitution?
What is a constitution? This is a set of rules that specifies powers, responsibilities and roles of governing bodies of a country or state.
Who holds executive power and what is it the power to do?
The Prime Minister and members of the Cabinet hold this type of power (it is the power to enforce laws)
What is a crime?
An act committed or an omission of duty, injurious to the public welfare, for which punishment is prescribed by law, imposed in a judicial proceeding, usually brought about by the State.
The court for small claims up to $25,000.
Queensland Civil and Administrative Tribunal.
What is the term used to describe the authority for a court to hear matters of a civil or criminal nature for the first time.
original jurisdiction
What is Authority, Consequence and Regulation?
These are the three things that distinguish a rule from a law.
Who holds the power to interpret laws?
The judiciary
Who is the prosecutor/crown?
The person who brings the case to court for criminal matters.
The original jurisdiction for civil disputes in the District Court
$150,000 to $750,000
Who is the person who signs a bill to give it Royal Assent at the federal level.
The Governor General
What is one way that passing a law through Queensland parliament is different to passing a law through Federal parliament?
1. Governor v Governor General
2. Steps are repeated in the Senate at the Federal level
3. The jurisdiction is different (law applies to Qld v Australia).
Which section of the Constitution that outlines exclusive powers of the Commonwealth parliament?
Section 51
What is the standard of proof required in a criminal trial?
beyond a reasonable doubt
What is judicial precedent?
This is the process by which judges make law. Precedents are established by a previous court decision that serves as a rule for deciding subsequent similar cases, promoting consistency and predictability in the law.
How many seats are in the House of Representatives?
151
What is the adversarial system?
What is the adversarial system? This is the system in which the judge, jury and lawyers all have specific roles to play to ensure each party has a fair trial.
What are exclusive, concurrent and residual powers?
These are the three types of powers contained in the Division of Powers. They outline who has authority to make laws over certain areas. Eg. Exclusive (only the Cth), Concurrent (shared by States/Cth) and residual (left over - held by states).
Who has the responsibility to prove a case in criminal matters and what is the legal term used to describe this?
The onus of proof, and the prosecution has the onus of proof in a criminal matter.
What is the Latin term that mean 'the reason for deciding'?
ratio decidendi
What is the name given to the special vote required to change the Constitution.
referendum