Separation of Power
The document that outlines Australia's separation of powers.
The constitution.
Define federalism
The division of sovereignty between one national government and two or more regional governments.
Governments must maintain this to stay in power.
Confidence of the lower house.
What is a democracy?
A system of government where people govern themselves.
The concept that ministers are held accountable for their own actions.
Individual Ministerial Responsibility
The name for the term that determines what cases are heard by which courts.
Jurisdiction
Latin term from which precedent is derived
Stare decisis
The name of a law before it becomes and act?
Bill
The term for the black and white meanings of words
Literal rule
The two types of adversarial cases
Criminal and Civil
The role of the judge in trials
To officiate and mediate the trial to ensure a fair proceeding.
The two main types of civil cases
Tort and Contract
The three branches of the separation of powers.
Legislature, Executive and Judiciary
The collective name for the powers wielded only by the national government and one example.
Exclusive
The governor general must act on the advice of who?
The Ministers
What is a representative democracy?
A system where people elect others to represent them in government.
The convention that hold the ministry responsible for government performance.
Collective ministerial responsibility
The name for the system of law created by court decisions.
Common Law
Two types of precedent
Binding and persuasive
The purpose of a first reading of a bill?
To introduce the bill to parliament and begin the process of making law.
The term for applying context when looking at words?
Golden rule
The standard of proof for civil trials
Balance of probabilities
The name for the giving of evidence by a witness
Examination in chief
The name for a person being sued in a civil case
Respondent
Describe why Australia's separation of powers is not complete.
The executive sit and act as part of the legislative body and are responsible for introduction of bills into parliament.
The name for the powers wielded only by the States and one example
Residual
In Australia, when is the only time reserve powers have been used?
1975 Crisis.
What is a liberal democracy?
A democracy that ensures the equality of political rights and freedoms while also promoting political participation.
The convention that ensures the ministers function as a unit.
Cabinet secrecy and solidarity
The purpose of appeals
Holding lower courts accountable and improve access to justice.
The latin term for the reasoning of the judges decision?
The purpose of the 3rd reading
To debate and vote on the bill to see if it passes through the house.
The current approach to statutory interpretation?
Purposive approach
The meaning of the term onus of proof
Which party has the burden and responsibility of proving the other incorrect
The two types of legal representation during a trial
Barristers and Solicitors
Two examples of a tort
Negligence, nuisance, defamation
Describe how the judiciary is kept independent.
Judges can only be removed by the legislative on proven grounds of incapacity or misconduct (s72).
Equality before the law ensures that the law applies to everyone equally, allowing the judiciary to make rulings on misconduct of politicians without interference.
The judiciary has the ability to interpret and apply the law outside the bounds of the legislatures intention.
The name for the powers wielded by both state and national governments and an example.
Concurrent
Name two reserve powers a governor-general has that fall outside of ministerial advice.
Removal or appointment of Ministers.
Dissolve or refuse to dissolve the HoR.
Withhold assent to bills.
What is a constitutional monarchy?
A system of government where the head of state is a monarch and has their powers limited by written and unwritten rules.
The name of the process that happens when a minister has acted in an unacceptable manner.
Censure motion
A decision handed down by a higher superior court becomes what?
Precedent
Describe the facts and result of one example of common law
Accept correct answers.
Describe an example of a statute law
Any acceptable answers
The latin term for creating a class
ejusdem generis
The types of parties involved in a trial
Witness, accused, victim
The post trial phase where a guilty person finds out their fate?
Sentencing
The remedies available in civil cases.
Injuctions
Damages (compensatory, nominal, aggravated and punitive)
Specific performance
Outline the three distinct parts of the Executive.
The constitutional executive made up of the King, Governor General and FEC.
The Political executive made up of the PM and the Cabinet.
Administrative executive made up of the public service.
How are disputes between state and national powers decided?
By the ruling of the High Court
When confidence is lost in a government, this type of voting motion may happen.
A no confidence motion
Explain the concept of Sovereignty
Sovereignty refers to the right and ability to govern an area that is vested in rulers of territories. It gives them the political and legal power to govern that specific territory
The expectation upon a minister if they cannot agree with a decision of cabinet and publicly support it
Resignation
List the court hierarchy for WA
High Court
Supreme Court of appeals
Supreme Court
District Court Family Court
Magistrates Court
The options a court has in dealing with precedent?
Follow, disapprove, reverse, overturn
The roles members of executives are not permitted to do when creating statute law
Join committees
The meaning of the latin term expressio unius est exclusio alterius
An express mention of one topic or matter, excludes all other matters.
The name for the process in which evidence is handed over to both sides of a case
Discovery
The term for the questions put to witnesses by opposing representation?
Cross-examination questions
The elements of a tort.
Duty of care, breach of duty of care, causation, damage
s61
Section of the constitution that outlines the powers of the commomwealth
s51
What is the Federal Executive Council?
The Federal Executive Council (FEC) in Australia is the supreme constitutional body established under section 62 of the Australian Constitution to advise the Governor-General on the government of the Commonwealth.
Section of the constitution that ensures commonwealth laws override state laws
s109
The name of the Westminster Convention that ensures public servants are responsible to their minister who is then responsible to the parliament.
Chain of Accountability
The only way a justice can be remove is by misconduct. Which section of the constitution refers to this
s72
The relationship between common law and statute law is complimentary. State two reasons it is so.
Statutes can codify and legislate common law decisions (Mabo into the Native Title Act of 1993)
Common law can interpret and update statute law to apply to specific circumstances that are not able to be legislated.
Describe the full path of a law.
It is introduced to the parliament in the 1st reading.
It is read, debated and discussed in the 2nd reading.
It is revised and brought back into the 3rd reading where it is debated and voted on.
If unsuccessful, it goes back to the start or is rejected.
If successful it completes another 3 readings in the other house.
Final royal assent is given.
Using statutory interpretation such as ejusdem generis, which of these things is not like the other:
Chair, Table, Office, Pen, School, Home.
Pen - all involve work in some form but the pen is only place a person cannot occupy.
List all aspects of the pre-trial procedures
Investigation, Clarification of matters, Discovery of evidence, application of law.
Outline the 5 rules of evidence
Hearsay, Opinion, Relevance, Propensity, Character
The 6 elements of a contract
Offer, acceptance, intention, consideration, capacity, legality.