Year 10 Legal Studies Term 1 Revision Sheet

Explain the Rule of Law in the context of the Australian legal system.

• The Rule of Law ensures that all individuals and institutions are subject to and accountable to law that is fairly applied and enforced.

• The Rule of Law allows for arbitrary governance by leaders without legal constraints.

• The Rule of Law is a principle that only applies to the judiciary and not to the legislative or executive branches.

• The Rule of Law is a concept that is unique to the Australian legal system and not found in other countries.

Who makes the laws in the Australian legal system?

• The Prime Minister

• The High Court

• The Parliament

• The Governor-General

How is each law changed in the Australian legal system?

• Through a referendum

• By a simple majority in the parliament

• By a decision of the High Court

• Through a public vote

Who enforces the laws in the Australian legal system?

• The Parliament

• The Police

• The Judiciary

• The Executive

Who interprets the laws in the Australian legal system?

• The Prime Minister

• The Parliament

• The Judiciary

• The Governor-General

Explain the difference between Statute Law, Common Law, Customary Law, and the Australian Constitution.

• Statute Law is written law passed by a legislative body, Common Law is based on judicial decisions, Customary Law is based on traditions and customs, and the Australian Constitution is the supreme law of Australia.

• Statute Law is based on traditions, Common Law is written law, Customary Law is based on judicial decisions, and the Australian Constitution is a set of unwritten rules.

• Statute Law is the supreme law of Australia, Common Law is based on customs, Customary Law is written law, and the Australian Constitution is based on judicial decisions.

• Statute Law, Common Law, Customary Law, and the Australian Constitution are all the same.

Explain the process that is to be followed to make a change in the Australian Constitution

• A change in the Australian Constitution requires a simple majority in both houses of Parliament.

• A change in the Australian Constitution requires a double majority: a majority of voters in a majority of states and a majority of voters nationwide.

• A change in the Australian Constitution requires approval from the Prime Minister and the Governor-General.

• A change in the Australian Constitution requires a unanimous decision by all state parliaments.

The Separation of Powers doctrine in the Australian legal system explains how the legislature, executive, and judiciary interact with each other.

• True

• False

Describe the hierarchical structure and the role of each court in the Court Hierarchy in Australia

• The High Court is the highest court, followed by the Federal Court, Family Court, and Federal Circuit Court.

• The Supreme Court is the highest court, followed by the District Court and Magistrates Court.

• The Court of Appeal is the highest court, followed by the Supreme Court and District Court.

• The Magistrates Court is the highest court, followed by the District Court and Supreme Court.

The purpose of laws in society is to:

• maintain order and protect citizens

• restrict freedom and control behavior

• promote inequality and discrimination

• increase government power and authority