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Rule of law - ANSWERSThe law applies equally to everyone Separation of powers - ANSWERSThe governing powers are shared between the executive, legislative and judiciary. Division of powers - ANSWERSThe sharing of the law making powers between the different levels of government Exclusive power - ANSWERSAreas in which only the Commonwealth Parliament can make laws Concurrent powers - ANSWERSPowers that the Constitution gives to both state and federal parliaments. Residual power - ANS...

What is the term for the person who brings a civil legal action to court for the first time? - ANSWERSThe Plaintiff What is the Court of highest authority and last appeal in Australia? - ANSWERSThe High Court What does it mean if a decision constitutes a binding precedent? - ANSWERSSubsequent decisions in cases which have the same material facts as the precedent case must follow the earlier decision. What is another word for legislation? - ANSWERSStatute law (or Acts of Parliament) W...

Underlying principle of a democratic society where people are equal before the law and constitutional law is paramount - ANSWERSRule of law A form of democracy where every person affected by a decision takes an equal and active part in making it - ANSWERSDirect democracy The constitutional allocation of legislative powers between the Commonwealth and the States - ANSWERSDivision of powers The legislative powers that only the Commonwealth can exercise - ANSWERSExclusive powers The bra...

Parliment - ANSWERSThe king having to consult with a group of cheif nobles and the common people, this was to advice the king on his polices and laws. Terra Nullius - ANSWERSIf the land had no Inhibitors or it was held to be so, than the land belonged to no one. Federal system. - ANSWERSThe King was the highest authority and everyone, including subjects and lords, owed allegiance to the king. Even today, all crimes, even though made against an individual are seen as a crime against the sta...

Australian constitution - ANSWERS- legislature - executive - judiciary legislature - ANSWERS- creates + amends legislation - elected members of parliament propose new laws (bills). after 2nd reading speech in parliament, bills are enacted into law executive - ANSWERS- puts the laws into operation - implements legislation & administers affairs of gov - made up of queen & ministers that implement legislation through policies + procedures in their respective portfolios/departments j...

What is a law? - ANSWERSA set of rules imposed within a society to regulate day-to-day life. What are the two types of legal systems? - ANSWERSCommon Law & Civil Law Outline key traits of the Common Law system and Judge's involvement - ANSWERSMost laws are found within case law meaning that judges interpretation of laws establish new precedent or "laws" Judges do not play and active role in how parties present their case Outline key traits of the Civil Law system and Judge...

The main sources of law in Australia are: - ANSWERS(c) Both the courts and parliament Legislation passed by parliament is called: - ANSWERSAn Act The legislation that applies in Queensland is: - ANSWERS(d) the lesislation of the commonwealth parliament and the QLD parliament Which of the following is true? (a) the parliament cannot pass laws overriding the decisons of the courts? (b) parliament cannt pass laws overriding the decisions of the courts when the prime minister is out of Au...

The Rule of Law - ANSWERSthe government cannot exercise power unless it can point to a specific rule of law that authorises it to (cannot operate outside its power) -the law applies to everyone + no man or woman is above the law Parliamentary Sovereignty (3 aspects) - ANSWERS- parliament can legislate on any subject matter - parliament cannot bind future parliaments - no court or other person can override legislation Separation of Powers - ANSWERSlegislative: makes the law executive:...

Levels and branches of government: - ANSWERSAustralia has three different levels of government. These are: - federal government - State / territory governments - local governments. Levels and branches of government: Federal Government - ANSWERSThe federal government deals with matters having a national concern, such as: - immigration - foreign affairs - defence. Levels and branches of government: State and territory governments - ANSWERSThe State and territory governments dea...

Which section of the constitution outlines the legislative powers of the commonwealth government? a) section 1 b) section 73 c) section 96 d) section 128 - ANSWERS On what grounds would it be unconstitutional for a current District Court judge to be elected to the House of Representatives with remaining a judge? a) it offends the division of powers b) it offends the separation of powers c) it would be ultra vires d) it is not allowed under the referendum provisions of section 12...