Year 11 legal studies revision

In a democracy, the DIVISION of Powers doctrine exists to:

• Ensure that one group of people doesn’t have the power to both make and enact laws

• Divide the power to make laws between the state governments and the federal government

• Ensure that power is divided equally amongst citizens in a democracy

• Ensure no one person has all the power

Explain the doctrine of Division of Powers

Central to this concept is the idea that no one is above the law – it is applied equally and fairly to both the government and citizens. This means that all people, regardless of their status, race, culture, religion, or any other attribute, should be ruled equally by just laws.

In the Australian legal system, the ​ (a)   refers to the obligation of the prosecution or plaintiff to prove their case

• onus of proof
• standard of proof
• rule of law
• judiciary

Beyond reasonable doubt is the standard of proof for:

• Civil law

• Criminal law

• Contract law

• None of the above

Label the missing sections of the process of creating an Act of Parliament in QLD

a

b

Royal Assent

Second Reading

List one reason for the Separation of Powers doctrine

Label the three arms of the separation of powers

a

b

c

Executive

Legislature

Judiciary

Which statement best describes the principle of judicial precedent in the Australian legal system?

• Courts must always follow past decisions, even if they are outdated

• Lower courts are bound to follow legal principles established by higher courts in similar cases

• Judges must create laws that overrule parliament in every case

• Every court has complete freedom to decide cases without considering previous rulings

​ (a)   is the law-making body. In Queensland this includes the House of Representatives (or lower house) only. ​ (b)   is formed by the party with a majority in the House of Representatives. It runs the state/country and implements laws.

• Parliament
• Government