Bairnsdale secondary college - Home



Student book answers2.1 The nature of laws and their purposesPages 30–312.1 Check your learningDefine and explain1 What are laws?Laws are enforceable rules that control the behaviour of people. They are created by a legal authority (such as parliaments or the courts) and enforced by the police. When laws are broken, there are consequences that can include a penalty or time in prison. 2 Describe two aims of laws.Student answers may vary. Sample answers are provided below: Protecting the right to be presumed innocent until proven guilty, protecting the right not to be imprisoned until proven guilty, protecting the right to live free from discrimination or harassment and protecting the right to expect promises made in a contract to be kept. 3What is meant by the term ‘social cohesion’?Social cohesion is when members of society live together in harmony. This means that society can survive and prosper, provided everyone follows the law and behaves in an acceptable way. 4How are laws different from non-legal rules? In your answer, give two examples of laws, and two examples of non-legal rules.Student answers may vary. Sample answers are provided below: Laws are created by legal authorities and enforced by the police and other agencies. Sanctions can be imposed as a consequence or you may be taken to court for breaking the law.Non-legal rules are made by private individuals or groups (not legal authorities) and enforced by private individuals or groups. There are no legal consequences (sanctions), rather penalties are imposed by the individual or group; you cannot be taken to court for breaking a rule.Student book answers2.2 The Australian ConstitutionPage 32–332.2 Check your learningDefine and explain1When did the Australian Constitution start to apply in Australia, and what was its main purpose?The Australian Constitution started applying on the date of Federation, 1 January 1901. The Constitution outlines how Australia is to be run by creating rules about our parliament and its corollary powers to make laws.2Did the High Court of Australia and the Commonwealth Parliament exist before the Australian Constitution? Explain your answer.The High Court of Australia and the Commonwealth Parliament did not exist prior to the Australian Constitution. This is because both the High Court and the Commonwealth Parliament were created by the Australian Constitution.3What is meant by the term ‘constitutional monarchy’, and how is this different from a republic? A constitutional monarchy is a type of government where the head of state is a monarch (King or Queen), but the parliament makes the laws. This is different to a republic where the head of state is an elected citizen of that country. A monarch is not elected or chosen but inherits the position due to family and birth.4Why is Australia described as a democracy?Australia is a democracy because the people vote for who will represent and make laws on their behalf in parliament. Our members of parliament represent the wishes of the people. Student book answers2.3 Law-makers in AustraliaPage 34–35 2.3 Check your learningDefine and explain1How many parliaments are there in Australia?There are nine parliaments in Australia: one Commonwealth Parliament, one for each of the six states and one for each of the two territories. 2Explain what is meant by the terms ‘government’ and ‘opposition’.The ‘government’ is the political party with the majority of members in the lower house of the parliament. They are given power to govern, as they are the largest group of elected representatives. The ‘opposition’ is the political party with the next highest number of members in the lower house of the parliament. They are there to question the government about their decisions. 3What is a bicameral parliament?A bicameral parliament has two houses: an upper house and a lower house. This is from the Westminster system of parliament in Britain, which Australia’s parliament is based on.4Distinguish between statute law and common law.The difference between statute law and common law is who makes the law. Statute law is made by a parliament, and common law is developed through the courts by judges. 5What do people mean when they say judges ‘make law’ when they interpret a statute?Judges make law by deciding the meaning of words or phrases in legislation. By deciding what a word of phrase means, they can change the scope of the law and how it applies. This is done by either expanding or narrowing the application of a word or phrase. Synthesise and apply6For each of the following laws, say whether it is an Act of parliament or secondary legislation. If it is an Act of parliament, identify which parliament made the law.a Paid Parental Leave Act 2010 (Cth)This is an Act of parliament, created in 2010 by the Commonwealth Parliament.b National Trust Act 2006 (Tas)This is an Act of parliament, created in 2006 by the Parliament of Tasmania.c Street Numbering State LawThis is secondary legislation. The word “Act” is not in the title and there is no date or jurisdiction. 2.4 Criminal law and civil lawPages 36–372.4 Check your learningDefine and explain1What is a crime?A crime is an act or omission that breaks a law. The behaviour is a crime if it is harmful to either an individual or society as a whole. When the law is broken, it is punishable by sanctions. 2What does criminal law aim to do?Criminal law aims to protect members of society from harm by stating what behaviour is to be considered a crime. It also details what sanctions match the crime committed. 3Which parliament passed the Crimes Act 1958 (Vic)? Access this statute from the Victorian Legislation website and identify three types of crimes.The Crimes Act 1958 (Vic) was enacted by the Parliament of Victoria. Student answers will vary, however, responses may include: murder, manslaughter, infanticide, causing serious injury, threats to kill, stalking, assault, rape and kidnapping.4What is a civil dispute?Civil law is between two individuals, groups or organisations, and concerns rights and responsibilities. A civil dispute is when one party believes the other party has failed to uphold their responsibilities. This is to the detriment of the first party, who believes that, due to the other party’s actions, their rights have been infringed. 5What is the most common way for a party to be compensated in a civil dispute?The most common way to be compensated in a civil dispute is with damages. This is an amount of money that the plaintiff gets to compensate for the loss they have suffered.Synthesise and apply6Read the case study about Sarah Cafferkey and answer the following questions.a What crime was committed in this case?Steven Hunter committed the crime of murder. b What punishment did the court impose?Hunter was punished with a prison sentence. He received life imprisonment.c Does the outcome in Steven Hunter’s criminal case impact on the outcome in Ms Cafferkey’s parents’ case? Why or why not?The outcome in Steven Hunter’s criminal case will not directly impact on the parents’ civil case. This is because they are separate systems of law that are heard differently and have different standards of proof. However, the guilty verdict in the criminal case may mean the parents have a stronger case in their civil dispute, but the outcome will not directly impact the civil case. 2.5 The meaning of the rule of lawPages 38–392.5 Check your learningDefine and explain1Explain the concept of the rule of law.The rule of law is a principle that everyone is bound by the law, not individual decisions of the government. This includes individuals, organisations and the government. People must be willing to follow the law; therefore, the laws must be clear and fair. 2Identify and describe three legal principles that support the rule of law. Student answers will vary.Sample answers are provided below: ?Laws must be clear, understood, known and accessible so that people are willing and able to follow them.?Courts and judges must be independent of the government so that there is no pressure or influence to make certain decisions. ?The law must be applied equally and fairly so that no one is above the law. ?There is a presumption of innocence until proven guilty in court to prevent discrimination in applying the law.?People are free to critique the government, seek changes in the law and demonstrate without fear so we can create laws that people are willing to abide by.?Trials and hearings should be conducted openly and transparently so each party can put forward its case.3Read the article ‘Former Chief Justice takes on Trump and the rule of law’ and answer the following questions.a Who is Donald Trump?Donald Trump is the President of the United States.b Is America a constitutional monarchy or a republic?Donald Trump is a President, not a monarch (King), and an elected representative of the people. Therefore, America is a republic. c America subject to the rule of law? Why or why not?As a democracy, America is subject to the rule of law. d What was the issue in America that the courts had to decide on?The issue was regarding Donald Trump’s travel ban. A judge in Seattle had blocked the law, and the Court of Appeal decided that that decision was correct and continued the ban. e What did President Trump tweet on 5 February 2017, and why was this tweet criticised? Make reference to the rule of law in your answer.President Trump tweeted ‘The opinion of this so-called judge, which essentially takes law enforcement away from our country is ridiculous and will be overruled’. This tweet was criticised due to the appearance it gave of a politician trying to interfere with a court decision. This goes against the rule of law and the principle that courts must be independent from other branches of government. It also goes against the principle that everyone is bound by the law. Law makers must adhere to their own set of laws (usually in the country’s Constitution) about what they can make laws on. The court had decided that President Trump was trying to make laws outside of his power, and he criticised the courts for preventing him from doing this. ................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download