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Questions and Answers
What is the cornerstone of the Australian legal system?
What is the cornerstone of the Australian legal system?
What is the role of the Executive in the Australian legal system?
What is the role of the Executive in the Australian legal system?
What is a fundamental principle of the Australian legal system?
What is a fundamental principle of the Australian legal system?
What is the role of the Legislature in the Australian legal system?
What is the role of the Legislature in the Australian legal system?
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What is the significance of the presumption of innocence in the Australian legal system?
What is the significance of the presumption of innocence in the Australian legal system?
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What is the term for the distribution of power between the Legislature, Executive, and Judiciary?
What is the term for the distribution of power between the Legislature, Executive, and Judiciary?
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In the Westminster system of government, what is a characteristic of the Cabinet?
In the Westminster system of government, what is a characteristic of the Cabinet?
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What is the primary aim of criminal law?
What is the primary aim of criminal law?
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What is the source of common law?
What is the source of common law?
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What is the role of the Judiciary in the Westminster system?
What is the role of the Judiciary in the Westminster system?
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What is the significance of precedent in common law?
What is the significance of precedent in common law?
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What is the primary difference between criminal law and civil law?
What is the primary difference between criminal law and civil law?
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Study Notes
Australian Legal System Overview
- The cornerstone of the Australian legal system is the rule of law, ensuring that all individuals and institutions are accountable under the law.
Role of the Executive
- The Executive branch is responsible for enforcing the laws and administering the government. It consists of the Prime Minister, ministers, and public servants.
Fundamental Principle
- A fundamental principle of the Australian legal system is that justice should be accessible and equitable for all individuals, upholding fairness in legal proceedings.
Role of the Legislature
- The Legislature, comprising the Parliament, makes and amends laws. It represents the electorate and provides a check on the Executive branch.
Presumption of Innocence
- The presumption of innocence is a vital legal principle, meaning that a person is considered innocent until proven guilty, which safeguards individual rights and fairness in trials.
Distribution of Power
- The separation of powers is the term used to describe the distribution of authority between the Legislature, Executive, and Judiciary, ensuring no single branch becomes too powerful.
Cabinet Characteristics
- In the Westminster system, the Cabinet is composed of senior government ministers and is responsible for making key policy decisions and coordinating government activities.
Aim of Criminal Law
- The primary aim of criminal law is to maintain public order and deter criminal behavior by defining offenses and prescribing punishments.
Source of Common Law
- Common law originates from judicial decisions and precedents, developed through court rulings over time, forming a legal framework alongside statutory law.
Role of the Judiciary
- The Judiciary interprets and applies the law, adjudicates disputes, and ensures justice is served. It acts independently to uphold the rule of law.
Significance of Precedent
- Precedent in common law serves as a guiding principle, where past judicial decisions inform future cases, ensuring consistency and predictability in the law.
Difference Between Criminal Law and Civil Law
- The primary difference is that criminal law deals with offenses against the state and prescribes punitive measures, while civil law addresses disputes between individuals, aiming for compensation or resolution.
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Test your understanding of the law and ethics in nursing practice, including the Australian legal system, Code of Ethics, and Registered Nurse Standards for Practice. Explore the impact of law and ethics on nursing practice and Catholic health services in Australia.
