Law Terminology and Court Processes

Bill and Statute Law

• A bill is a proposed piece of legislation that must be approved by Parliament to become a law (statute).
• Statute law consists of written laws enacted by Parliament.

Process for a Bill Becoming Law

• Introduction of the bill in either the House of Representatives or Senate.
• First reading: bill is presented and ordered for printing without debate.
• Second reading: general debate on the bill’s principles.
• Committee stage: detailed examination, potential amendments, and voting.
• Report stage: further consideration and debate on amendments.
• Third reading: final approval in Parliament.
• If passed by both houses, sent to the Governor-General for Royal Assent.
• Becomes law upon receiving Royal Assent.

Role of Each Component in Parliament

• House of Representatives: initiates and debates legislation, represents public opinion.
• Senate: reviews and amends bills, provides representation for states, acts as a house of review.
• Governor-General: formally approves legislation passed by Parliament, symbolizes the Crown and acts on behalf of the monarch.

Common Law and Precedent

• Common law is law developed through judicial decisions and precedents rather than statutes.
• Precedent can be binding (obligatory to follow in lower courts) or persuasive (influential but not obligatory).

Creation of Common Law (Example)

• Common law is created when judges make decisions in individual cases, establishing legal principles that guide future cases.
• An example is the landmark case where a judge interprets a statutory provision, setting a guiding precedent.

Court Hierarchy

• Structured from lower courts (Local or Magistrates’ Courts) to higher courts (District or Supreme Courts, and ultimately the High Court).
• Functions include adjudicating disputes, interpreting laws, and upholding legal rights.

Advantages and Disadvantages of Using Courts to Settle Disputes

• Advantages include impartial adjudication, application of established law, and enforceability of decisions.
• Disadvantages involve potential high costs, lengthy processes, and limited options for appeal.

Civil Law vs. Criminal Law

• Civil law deals with disputes between individuals or entities, focusing on compensation or remedies.
• Criminal law involves prosecution by the state against individuals accused of breaking the law, focusing on punishment.

Examples of Civil and Criminal Law Cases

• Civil law example: Contract disputes, family law matters, and personal injury claims.
• Criminal law example: Theft, assault, and murder cases.

Summary vs. Indictable Offences

• Summary offences are minor crimes typically dealt with in lower courts (e.g., petty theft).
• Indictable offences are serious crimes requiring a formal charge and trial (e.g., murder).

Proof Requirements

• Beyond a reasonable doubt: standard for criminal cases, ensuring the jury is firmly convinced of guilt.
• On the balance of probabilities: standard for civil cases, where one party's case is more likely than the other.

Separation of Powers

• Principle dividing state authority into three branches: Legislative, Executive, and Judiciary, to prevent abuse of power.
• Ensures that no branch has unchecked power and maintains a system of checks and balances.

Role of Each Branch

• Legislative: creates and amends laws (statute law).
• Executive: enforces laws and manages the government.
• Judiciary: interprets laws, resolves disputes, and protects rights.

Extent of True Separation of Powers

• In practice, the Prime Minister is part of both the Legislative (as a member of Parliament) and Executive (leading the government), indicating a degree of overlap and less stringent separation.

This quiz covers essential concepts in law including the definitions of bill and statute law, the legislative process, and the components of parliament. It also explores common law and the court hierarchy, along with their roles in resolving disputes. Additionally, distinctions between civil and criminal law are discussed.