Foundations of Australian Law Study
Guide Exam And Actual Answers.
Constitutional conventions - Answer Fundamental principles that are consistently followed even
though they are not contained in a legal document and are not generally enforceable in the courts
Separation of Powers - Answer Constitutional division of powers among the legislative, executive, and
judicial branches, with the legislative branch making law, the executive applying and enforcing the law,
and the judiciary interpreting the law
Division of Powers - Answer basic principle of federalism; the constitutional provisions by which
governmental powers are divided on a geographic basis. In Australia it is divided by the Federal
Government, 6 states and 2 territories
Exclusive powers - Answer Those powers that can be exercised by the National Government alone
Concurrent powers - Answer Powers held jointly by the national and state governments.
Residual powers - Answer Power that is retained by the government after other powers were
distributed to other authorities in the course of elections or by the process of delegation.
Representative government - Answer system of government in which public policies are made by
officials selected by the voters and held accountable in periodic elections
Responsible government - Answer A system which requires that government ministers should be
elected members of the legislative assembly, not appointed by the governor
Parliamentary sovereignty - Answer The doctrine that grants the legislature the power to make or
overturn any law and permits no veto or judicial review.
Referendum - Answer a legislative act is referred for final approval to a popular vote by the electorate
, Plebiscite - Answer A direct vote in which a country's people have the opportunity to approve or reject
a proposal
Judicial power - Answer the power to interpret laws, to determine their meaning, and to settle disputes
that arise within the society
Jurisdiction - Answer the official power to make legal decisions and judgments.
Tribunal - Answer Less formal than a court and is not legally binding
Rights - Answer Powers or privileges granted to people either by an agreement among themselves or
by law
Interests - Answer the right to own all part of something
Obligations/duties - Answer Obligations are the legal rules, requirements, and scenarios in which
people are required to do something. Duty, meanwhile, refers to the action that a person must perform
in order to meet an obligation.
Standard of proof - Answer The standard of proof required of the prosecution, both when elements of
an offence must be established and when the prosecution bears the burden of disproving defences or
exceptions to liability, is proof beyond reasonable doubt.
what is the law - Answer - a command by a sovereign backed by the threat of sanction
- Law is a means of ordering society and resolving disputes
- Law is a system of rules issued and enforced by specific institutions
- Law is a special narrative about social reality
· Set of specific rules and principles
· Generally defined by an 'imperative' nature (what one must do) rather than a merely 'normative' one
(what one ought to do but is not compelled to)
· Performing specific functions
Guide Exam And Actual Answers.
Constitutional conventions - Answer Fundamental principles that are consistently followed even
though they are not contained in a legal document and are not generally enforceable in the courts
Separation of Powers - Answer Constitutional division of powers among the legislative, executive, and
judicial branches, with the legislative branch making law, the executive applying and enforcing the law,
and the judiciary interpreting the law
Division of Powers - Answer basic principle of federalism; the constitutional provisions by which
governmental powers are divided on a geographic basis. In Australia it is divided by the Federal
Government, 6 states and 2 territories
Exclusive powers - Answer Those powers that can be exercised by the National Government alone
Concurrent powers - Answer Powers held jointly by the national and state governments.
Residual powers - Answer Power that is retained by the government after other powers were
distributed to other authorities in the course of elections or by the process of delegation.
Representative government - Answer system of government in which public policies are made by
officials selected by the voters and held accountable in periodic elections
Responsible government - Answer A system which requires that government ministers should be
elected members of the legislative assembly, not appointed by the governor
Parliamentary sovereignty - Answer The doctrine that grants the legislature the power to make or
overturn any law and permits no veto or judicial review.
Referendum - Answer a legislative act is referred for final approval to a popular vote by the electorate
, Plebiscite - Answer A direct vote in which a country's people have the opportunity to approve or reject
a proposal
Judicial power - Answer the power to interpret laws, to determine their meaning, and to settle disputes
that arise within the society
Jurisdiction - Answer the official power to make legal decisions and judgments.
Tribunal - Answer Less formal than a court and is not legally binding
Rights - Answer Powers or privileges granted to people either by an agreement among themselves or
by law
Interests - Answer the right to own all part of something
Obligations/duties - Answer Obligations are the legal rules, requirements, and scenarios in which
people are required to do something. Duty, meanwhile, refers to the action that a person must perform
in order to meet an obligation.
Standard of proof - Answer The standard of proof required of the prosecution, both when elements of
an offence must be established and when the prosecution bears the burden of disproving defences or
exceptions to liability, is proof beyond reasonable doubt.
what is the law - Answer - a command by a sovereign backed by the threat of sanction
- Law is a means of ordering society and resolving disputes
- Law is a system of rules issued and enforced by specific institutions
- Law is a special narrative about social reality
· Set of specific rules and principles
· Generally defined by an 'imperative' nature (what one must do) rather than a merely 'normative' one
(what one ought to do but is not compelled to)
· Performing specific functions
