LESSON 18.9 Review 18.9.1
Key knowledge summary Use this dot-point summary to review the content covered in this topic. 18.2 Why do we need laws? • Society has both legal and non-legal rule. • Non-legal rules apply to specific groups and may differ between groups, such as school rules. • Legal rules apply to everyone in the community, such as road laws. • There are five characteristics of effective laws. 18.3 How do parliaments make laws? • Statute law (or an Act or legislation) must be passed through both houses of parliament in the form of a bill, which must then be approved by the Crown. 18.4 How do courts make laws? • Courts make laws because they interpret laws and make decisions to resolve the cases they are hearing, and in doing so create precedents that will be followed by other courts. 18.5 What is the relationship between parliament and courts in lawmaking? • Parliament and courts perform different roles in the legal system. • Parliament and courts work together to make the legal system work effectively. • Courts interpret statutes and can alert parliament to the need for a change in the law. • Parliament creates courts and can change the laws they make. 18.6 What is the difference between civil and criminal law? • Criminal law protects the community as a whole. It incorporates crimes including robbery, manslaughter and murder. The police or a representative of the government (the prosecution) takes the accused (the defendant) to court. There, a consequence, such as a fine or imprisonment, may be imposed. • Civil law protects the private rights of individuals. It incorporates civil wrongs including negligence, defamation and breach of contract. A person who feels that a civil wrong has been done to them (the plaintiff) will sue the other party (the defendant) in court. 18.7 What is customary law in Aboriginal and Torres Strait Islander communities? • Aboriginal and Torres Strait Islander customary law provides guidance for how to behave and live. Disputes or incidents are resolved by the elders, who agree on an appropriate solution or consequence. • Sentencing courts that incorporate customary law have had positive outcomes. • Native title law has recognised land rights of Aboriginal and Torres Strait Islander Peoples. 18.8 Inquiry: Does Australia need a bill of rights? • Australia is one of the few western democracies that do not have a bill of rights. • In this Inquiry students investigate the bill of rights in another country and whether one is needed in Australia.
TOPIC18 Laws and citizens 557
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