Civics Semester 2 Exam Revision PDF

**Civics and Citizenship** **The Australian Parliament** - The Australian Constitution defines our Commonwealth Parliament as consisting of the Kings, House of Representatives and Senate. - This parliament is bi-cameral, meaning it is made up of two houses. - This Commonwealth, or fede...

**Civics and Citizenship** **The Australian Parliament** - The Australian Constitution defines our Commonwealth Parliament as consisting of the Kings, House of Representatives and Senate. - This parliament is bi-cameral, meaning it is made up of two houses. - This Commonwealth, or federal parliament, makes laws that concern the whole country such as defense, immigration and trade. - Each of the six States and two Territories have their own parliament to make laws on matters of state importance such as education, transport and health. - Our Commonwealth Parliament is located in Canberra. At the time there was a disagreement between Sydney and Melbourne over which city the parliament should have, so in the end they created a new city between the two. **King (Monarch)** - King Charles III is our current Queen (monarch). - He is represented in our parliament by the Governor General. - Our current Governor-General is Samantha Mosty. **House of Representatives** - The House of Representatives is also known as the Lower House or the Peoples House. - There are 151 citizens elected to represent their electorate (Seat) - The political party who wins the majority of seats at the last election gets to form government. - As this party has been democratically elected by a majority of Australian citizens it has a mandate to make laws on their behalf. - The leader of the political party with the majority of seats becomes the Prime Minister. - If neither political party wins a majority of seats a government is formed by a coalition between two or more political parties. This is known as a hung parliament and minority government. - The political party that has the second largest number of seats is known as the Opposition. Their role is to scrutinise the government and keep them accountable. - The speaker makes sure the house of representatives is run smoothly. **Senate** - The Senate is also known as the Upper House or the House of Review or States House. - It was originally set up to protect the interests of states, although each Senator is also a member of a political party so must balance representing their political party against representing their state or territory. - There are 76 citizens elected to represent their State or Territory in the Senate - 12 from each state and 6 from each territory. - The President must make sure the Senate is run efficiently. ***Political Spectrum*** **'Left wing' VS 'Right wing' (Spectrum)** **Left** - **Increase Taxation:** Tax wealthier Australians should help pay more for health and education. - **Big government:** Lots of governments workers to help look after the community. - **Increased government spending on social services:** Help people have a 'better life'. **Right** - **Decreased Taxation:** You worked hard to earn it, so you should be able to keep it. - **Small governments:** People have freedom and choice to look after themselves. - **Decreased spending on social services: stop** wasting tax money on things people should pay for themselves. **Democratic Values** - Respect: Consider/value people's views, beliefs, amd rights. - Equality: All citizens have the right to the same opportunities. - Fairness: "Fair go"/ equal opportunities. - Freedom: Rights, privileges and responsibilities for all without interference. **Difference between parliament and government** **Parliament:** Is where law making occurs. People we vote to represent us sit and together all vote on and create laws that govern Australia. We have a bicameral Parliament, which means it is split into two houses: The House of Representatives and the senate. **Government:** The party that win majority of the seats in the house of representatives (so minimum of 76 seats) have the right to form government. The leader of that party becomes Prime Minister. **Parties** - **Labor:** There should be a government - **Liberal:** Individual choices/work/business **Labor and Nationals coalition.** - **Nationals:** Help people mainly outside the cities. - **The Greens:** Look after the environment more. **Parliament makes laws by...** Electing representatives to help resolve a problem that will occur in the future. E.g. Climate change **Australia's Political System** - **The commonwealth Parliament:** Taxation and Immigration. - **State and Territory Parliaments:** Education and transportation. - **Local Councils:** Jay walking and parking fines. **Types of Ballots** - Paper ballots, electronic ballots and postal ballots. **Parliament VS Courts** - **Parliament:** Make legislation (Statute laws) (Made on citizens behalf) - **Courts:** Make common law (Judges decision) Resolve disputes. - Magistrate, District, Supreme, then High court. **Judges in courts can make laws when** they are called upon to resolve a dispute in which there is no existing law- that is no existing parliamentary legislation. Judges are also able to make law through the process of statutory interpretation, this is where there IS a legislation But the wording of it is unclear. **Factors that influence voter behaviour** - Public debate - Interest Groups - Opinion polls - Advertising - Media - Issues - Party loyalty - Age? Gender? Family? **How does media effect an election result?** - **Fact:** A piece of information that is supported by evidence/ proven. (E.g. We are in Hass) - **Opinions:** Subjective thoughts about the facts. (E.g. Dockers are better than Eagles) - **Analysis:** Interprets facts. (E.g. Media/news) **Advantage:** Can help promote (Advertise the political party) and it is cost effective. **Disadvantage:** Possible disinformation and not everyone in Australia uses the media regularly **Difference between rules and laws** **Rules:** The expectations that are applied to specific groups in specific situations. (Limited consequences) (E.g. Do chores) **Laws:** Society wide expectations that are govern the way we live and apply to everyone. They are made in parliament/ sometimes courts. (Significant consequences) (E.g. Driving over speed limit) **Independents:** Not all members of parliament belong to a political party. **Opposition:** Second largest political party, they work to oppose government policies. **Criminal VS Civil cases** **Criminal Cases (Robbery/ manslaughter)** - **Summary offences** (Minor crimes heard by a magistrate) E.g. Traffic Offences-Exceeding speed limit. - **Indictable Offences** (Serious crimes that require trial by a judge and jury) **Civil cases (Family law/Damage to property)** - Matters involving disputes between individuals over an alleged breach of rights. E.g. Negligence, defamation, and contract law. **Role of AEC (Australian Electoral Commission)** - Conduct elections, voter registration, educating voters, ensure parties comply with laws **Negligence:** the failure to behave with the level of care that a reasonable person would have exercised under the same circumstances. E.g. Someone dived into waters that had submerged rocks that they couldn't see, they suffered serious imageries after that, the owner of that land got sued for negligence as their duty of care failed as there was no sign saying don't jump in. **Defamation:** any false information that harms the reputation of a person, business, or organization. E.g. Implying they are a thief, a liar. **Contract law:** an agreement between two parties that creates an obligation to perform (or not perform) a particular duty. E.g. If you completed a job for which a contract stated you would get paid \$50,000, but you only got \$20,000, you could be awarded damages of \$30,000. (Normally cannot claim more than the money they were initially owed) **Plaintiff (civil cases)** - It is the party the initiates or commences a civil action against another party. **Remedy** - Is the means by which a person who has been wronged can seek justice and be compensated for the harm they have suffered. **Precedent** - Is a decision or legal principle made by a judge. By setting precedent, it also allows the law to develop over time. - Tribunal (Helps) when making decisions on later cases hat involve similar legal issues or facts. **How is a Legislation made? (law)** A bill is proposed, the bill then gets drafted, first reading: introduced in house of reps or the senate no debating occurs, Second reading: MPs debate, The bill gets examined and changes can be made, committee reports back to parliament on what they think they should look over, Third reading: final version of bill is debated and voted on, Senate approval: If passed through one house it must get the other approval, Royal assent: Both houses agree and the bill is signed by the governor-general as approved of the bill becoming a law. **Justice** - individuals are to be treated in a manner that is equitable and fair. E.g. You AND your sibling have to do chores. E.g. of injustice is, You ONLY get the chores. **Right to appeal** - If the defendant is found guilty, they have the right to say reasons why the trial was unfair. **Independent Judiciary** - Is good as it ensures that no one, including the government is above the law. **How "Just" is the Australian legal system?** - It is very safe and stable, with checks and balances to make sure the rights of citizens are protected. - However from time-to-time injustices occur: - **Coercion of suspects and witnesses-** Where the police don't follow the correct procedures when investigating crime. - **Trial by media-** Media spreads a story that is not accurate and so people judge the accused before they have had their day in court. - **Corruption-** Bribery, misuse of power or 'turning a blind eye' to look after someone's enemies. - **Court delays-** The accused is held in remand for too long in criminal cases or the other side deliberately slow the trial, so you run out of time/money/patience in civil cases. **Key principles behind Australia's justice system** - All individuals are equal before the law. - Individuals have the right to a fair hearing. - The judiciary (I.e. Court system) is independent and impartial. - Individuals have the rights to a reasonable appeal. **Groups that may be disadvantages in our legal system and why?** - **Indigenous Australians:** We still are learning and probably will never really understand their culture and beliefs. - **Refugees:** Because of the language barrier. - **Disabilities:** May not understand the legal system **Things Judges have to take account before the sentence the defendant** - Why were they defending themselves - Persons age - Disability - Why they did it - Judge should look at past cases (Precedent) **Feature of the Australian legal system** - The right to remain silent and not answer questions that could be used against them in court; The prosecution has to provide evidence of guilt not the defendant. - The right to an interpreter in court; You should know that you are being accused of, so you can defend yourself. - Presumption of innocence (Innocent until proven guilty); The accused will be treated fairly and respectfully until the charge is proved beyond reasonable doubt. - The right to have your case hear by an impartial judge- Ensures disputes are resolved fairly and impartially by impartial experts free from control or pressure. - The right to a reasonable appeal- It ensures that if a mistake was made by the trial judge, it can be corrected.