10 Legal Practice Exam Prep

We need laws in our society to... (choose two options)

• ·      To make laws are made in an open and transparent way by the people.

  ·      To ensure the law is known and accessible.

  ·      To ensure people can only be punished in accordance with the law.

  ·      To ensure independent and impartial judiciary.

  ·      Allows for Open Justice.

• ·      Maintain order in society

  ·      To ensure people are treated equally and respectfully

  ·      To make clear the behaviours that are acceptable

  ·      To reflect and protect the values and norms of society

  ·      To ensure the safety and security of the community

• ·      Protect people’s rights

  ·      To restrain behaviours that might have a negative effect on other

  ·      To uphold democracy and prevent anarchy

  ·      To settle disputes fairly and equitably

  ·      Provide consequences and punishment to address wrongdoing

• ·      To Regulate Kangaroo Overpopulation in Urban Areas –

  ·      Preventing Crocodile-Related Workplace Accidents

  ·      Protecting Australia’s "Non-Intended" Time Zones –

  ·      Mandatory Shrimp Sizing Regulations for BBQs –.

  ·      Regulating Indigenous Australian Languages in Public Schools

What are the three arms of government according to the doctrine of the Seperation of Powers?

• Parliament

• Judiciary

• Executive

• Legislature

Answer explanation

Which arm of government is responsible for making laws?

• • Legislature

• • Executive

• • Judiciary

• Local Council

Answer explanation

The Legislature (Parliament) is made up of our elected representatives and is responsible for debating and making laws, consisting of both Houses of Parliament and the Governor-General.

TIP: if asked to describe arms of government in our exam, this is how you would describe The Legislature

What is the primary function of the Executive arm of government?

• • To administer and enforce laws

• • To make laws

• • To interpret laws

• To elect representatives

Answer explanation

The Executive is composed of the governor general. the Prime Minister and the Cabinet. Their role is to execute the laws and carry out the day to day government of the nation.

TIP: In our exam, if asked to describe each arm of government according to the Separation of Powers, we would answer as above. By describing who makes up the arm and their role.

Which of these is a key responsibility of the Judiciary?

• • Interpreting laws and resolving disputes

• • Managing government departments

• • Setting government budgets

• • Interpreting laws and resolving disputes

Answer explanation

The Judiciary is composed of judges and the courts. The role of the judiciary is to interpret and enforce the law, upholding the Rule of Law.

TIP: In our exam, if asked to describe each arm of government according to the Separation of Powers, we would answer as above. By describing who makes up the arm and their role.

The Australian legal system has steps in the law making process that are used to ensure the laws are effective and represent the needs of all Australians.

Choose three examples of steps taken to ensure Bills are scrutinised properly.

• There is opportunity for public enquiry

• There are three readings of a Bill in each house of Parliament

• Bills have to passed by both Houses of Parliament, the House of Representatives and the Senate

• Judges are able to use their discretion in creating laws.

Answer explanation

This is the infographic we have looked at in class.

The infographic shows...

1. 1. The multiple reading of the Bills

2. 2. The different Houses it must pass through

3. 3. That the public (an integral stakeholder as they will be impacted by the BIll) have the opportunity to contribute through a public inquiry.

How does multiple readings of a Bill in each House of Parliament ensure the Bill is properly scrutinised?

• This allows the public, who will be affected by the laws, to have a say.

• This allows for review by different elected officials which requires majority support

• It ensures Parliamentarians understand the Bill in full form.

• It provides opportunity for discussion and debate a number of times before a final decision is made and a Bill is passed into law.

Answer explanation

Multiple readings in both Houses of Parliament provide thorough scrutiny of Bills before they become law.

The First Reading introduces the Bill, giving MPs time to review it.

The Second Reading allows for detailed debate about the Bill's purpose and principles. The Committee Stage enables careful scrutiny through detailed examination and public input. The Third Reading presents the final version for a vote. This process happens in both Houses, meaning two separate groups of representatives examine the Bill, preventing rushed or poor-quality laws.

A Bill is passed by both both Houses of Parliament, the House of Representatives and the Senate. Why does this ensure the Bill is properly scrutinised?

• Once the House of Representatives passes a Bill, the Senate automatically approves it without any further review or changes.

• Having a Bill pass through both Houses of Parliament ensures proper scrutiny because each House represents different interests and perspectives.

• Passing a Bill through both Houses ensures a fast-track process, allowing minimal debate and scrutiny, which speeds up its implementation.

• The House of Representatives and the Senate always share the same views, so the Bill doesn’t need any detailed discussion or amendments, ensuring smooth passage.

Answer explanation

Having a Bill pass through both Houses of Parliament ensures proper scrutiny because each House represents different interests and perspectives. The House of Representatives represents local electorates based on population, while the Senate represents state interests with equal representation for each state. This means the Bill is examined from both a local community perspective and a state-wide view. If either House finds problems with the Bill, they can request changes or reject it entirely. This dual examination process helps ensure laws are carefully considered and serve the interests of all Australians.

The public is involved in the law making process through public enquiry. How does public enquiry allow for scrutiny of the Bill?

• During a public enquiry, citizens have the opportunity to ask questions of their elected officials and put forward their own opinions and experiences related to the Bill

• During a public enquiry, citizens are given the chance to vote on whether the Bill should be passed, bypassing parliamentary debate altogether.

• The public are able to take public enquiries as an opportunity to grill their local members about their behaviour.

• During a public enquiry, citizens are encouraged to listen but not provide feedback. It is treated as more of a 'public information session' than a consultation.

Answer explanation

Public enquiry provides important scrutiny of Bills by allowing citizens, experts, and organisations to share their views and concerns. During committee stages, the public can make submissions, attend hearings, and provide evidence about how the proposed law might affect them.

How do multiple reading of Bills in Parliament ensure laws are effective at representing the interests of Australians?

• As a result of the multiple readings, the public is assured their taxes are going to good use paying the salary of the Senators and members of Parliament

• This ensures Bills are balancing the rights of individuals and the rights of the States.

• As a result laws are then more effective or representative because they have been informed by more viewpoints, considered in greater depth and there have been multiple opportunities for flaws to be addressed.

• This ensures laws are more effective and represent the interests of Australians, balancing the rights of individuals and the rights of the States.

Answer explanation

Multiple readings in Parliament ensure effective laws by allowing thorough examination from different perspectives. During First Reading, MPs review the Bill. Second Reading enables detailed debate about its purpose. The Committee Stage allows public input and expert testimony. Third Reading presents the final version. This careful process helps create laws that better represent Australian interests.