Flashcards: Australian Law and Order — 38 cards

What is a law in terms of rules and enforcement?

A law is a system of binding rules created and enforced by government.

What is one purpose of laws related to social stability?

Laws maintain order and prevent chaos.

What can happen to society without laws?

Society may experience immediate chaos and loss of safety.

What does the term "zombie laws" mean?

Zombie laws are outdated laws that remain valid but unused.

How does a bill become an Act of Parliament?

It is introduced and voted on in the House, debated and voted in the Senate, then signed by the Governor-General.

What happens in the House of Representatives before voting on a bill's final reading?

The bill is discussed and considered in detail.

How can Parliament change an existing Act?

By passing a new bill that adds, removes, or changes part of the Act.

What is common law?

Law made by judges through decisions developing precedents.

How do courts make common law?

By developing precedent, interpreting legislation, and filling legal gaps.

What allows judges to resolve unclear or conflicting statutes?

Statutory interpretation using existing statute law.

Which law overrides statutes and common law?

The Constitution.

When do statutes override common law?

When statutes and common law conflict.

Name one advantage of common law.

Fairness.

Name one disadvantage of common law.

It is undemocratic.

What type of disputes does civil law handle?

Non-criminal disputes between private parties.

What is the main aim of civil law?

To resolve disputes rather than punish people.

Name three examples of civil claims.

Personal injury, property damage, and family law.

What does criminal law deal with?

Criminal offences prosecuted by the state against a defendant.

Give three examples of criminal offences.

Violent crimes, property crimes, and drug offences.

What burden of proof applies in a civil case?

The plaintiff must show their claim is more likely true than not.

What burden of proof is required in criminal prosecution?

Proof beyond reasonable doubt is required.

Which court hears minor civil claims?

The Magistrates Court hears minor civil claims.

Which court hears serious indictable criminal offences?

The District Court hears serious indictable offences.

Name an example of a Magistrates Court offence.

Minor traffic offences are heard in the Magistrates Court.

What are possible criminal punishments?

Possible punishments include fines, imprisonment, and supervision.

What is actus reus in a crime?

Actus reus is the physical action breaking the law.

What does mens rea mean in criminal law?

Mens rea is the mental intent or guilty mind in committing a crime.

What is customary law?

A system of unwritten legal rules developed within a community.

What underpins Aboriginal and Torres Strait Islander customary law?

The Dreaming and the relationship between people and the land.

What do Aboriginal and Torres Strait Islander customary laws concern?

Land ownership, kinship, family relationships, and dispute resolution.

Why do some Aboriginal and Torres Strait Islander customary laws require avoiding certain family members?

To maintain respect for social relationships.

What right do young people have when questioned by police?

The right to silence.

What mandatory rights do young people have during police questioning?

They have mandatory information rights.

What must young people not do when interacting with police?

They must not lie.

When must young people follow directions given by police?

When those directions are lawful.

Does the course provide the age of criminal responsibility under 18?

No, the source does not provide the age.

What does the course ask students to know about criminal responsibility?

The age at which people under 18 become criminally responsible.

How does following the law differ from following a lawful police direction?

Following the law applies to conduct generally and is broader.