Please enable JavaScript.
Coggle requires JavaScript to display documents.
Civics and Citizenship, Act Australia - Coggle Diagram
Civics and Citizenship
Key concepts
Justice
The idea of justice can mean different things to people from different societies and cultures. For some it might mean payback, while for others it might mean fairness.
-
Participation
Participation refers to the way good citizens contribute to or take part in society. In society in a number of ways, such as by voting in an election or referendum, serving on a jury or paying taxes
-
Democracy
A democracy is system of government run by the people, for the people. In most democratic societies, citizens are involved in the running of society by electing people who will represent them in government.
-
-
Types of laws
Civil Law
Civil law protects individuals. It typically deals with disputes between individuals (including corporations or government bodies) over an action (or lack of action) that results in loss or harm.
Disputes
Contract Law
Includes disputes concerning the legal arrangements and agreements between parties. Breach of contract is one of the most common forms of civil dispute.
-
Family Law
Includes disputes over births, marriages, divorces and caregiving
Criminal Law
-
-
Criminal Law is the group of laws that have been put in place to protect us from harm. If any of these laws have been broken then it is considered a crime.
Common Law
Common law is created when a judge has to make a ruling about a case that is not covered by statutory law
While common law in many ways fill the gaps left by statutory laws, in some instances the parliament will pass law based on common law. This is known as codification
The role of a judge is to interpret the statutory laws passed by the parliament and supply them to individual cases. New and unusual cases come up every day and, in some instances, statutory law is not clear about how a particular case should be dealt with.
The Supreme Court in each state, the High Court and the Federal Court are superior courts that can set a precedent. Once this precedent is set, all the lower courts such as the magistrates court, district courts and family courts must follow the precedent
Common law is made by judges in a court , using precedent – decisions made in previous similar cases – to decide how they will judge a case before them. If no past cases with similar circumstances exist, a new decision is made, which would then become a precedent for a future similar case.
Statutory Law
-
Passing a statutory law
In the second reading, the member who introduced the Bill explains why the Bill has been introduced. The other members are then allowed to ask questions, make suggestions for changes and debate whether the Bill is the right way to tackle the issue that it aims to address.
After having some more time to consider the details of the Bill and any changes resulting from the second reading, the House of Representatives will vote on the Bill. If the majority vote to pass on the Bill, it will move to the senate for consideration.
After giving prior notice to parliament that a Bill will be discussed, the MP who is introducing the Bill will provide a copy of the draft act to every other MP. At this stage, only the title of the Bill id read, giving the other members a chance to read the Bill in their own time.
Once it reaches the Senate, the Bill will go through the three reading stages again. The Bill will be passed to and from the upper and lower houses until both agree to any changes in the Bill, or until the Senate rejects the Bill completely
À bill is a formal document that is prepared as a draft Act, or law. It is proposed by a member of parliament (MP)when people feel the need to change an existing law or establish a new one.
If the Bill is passed by both houses, the Governor-General as the Queen's representative will review and approve the law by giving the Bill royal assent
statutory law
Senator Smith’s Bill passed the third reading stage in the Senate on 29 November 2017
The Bill passed the third reading stage in the House on 7 December 2017 and received Royal Assent the following day.
common law
a plaintiff spilled chilli qon queso in a paper bag that was on her lap and the chilli qon queso dissolved through the bag and her jeans causing severe burns. they sued pepe's mexican restaurant and used the hot coffee case as precedent to help them win the case.
Customary Law
Traditionally passed down by word of mouth, the customary law of Indigenous Australians varied between nations and language groups just like their languages and other customs. these customary laws have developed over generations to determine a system of order and discipline for Aboriginal and Torres Strait Islander people
The laws Aboriginal peoples live by were not created
in the same way as our written laws. their rules come from the Dreaming. Also known as the 'Creation time' or 'Nytting among the Noongar people, the Dreaming is at the centre of many of many Aboriginal peoples' beliefs and cultures. it refers to the time when the spirit ancestors created the earth and all its living things. The Dreaming stories laid down the rules for people to live by, including the social and moral order that allowed people to live together peacefully.
Australia has two main ways of creating new laws. one way is through the courts. this is known as common law. another way through the parliament and this is known as statutory law
Therefore those are the ways Australia use to create new laws. one way is through the courts. this is called common law. the other way is statutory law. they make law through the parliament. Both the courts and the parliament are necessary to keep our laws updated
-
Australian Identity
Our national identity is made up of our shared history and values along with our diverse traditions and cultures. We might all have different definitions of what it means to be Australian, but there are a number of common ideas that many of us will recognise
-
