1/2 Legal Studies AOS 1 - Legal Foundations Flashcards
The role of laws
Laws are legal rules that establish guidelines for behavior and are enforceable by the government. They aim to protect rights and maintain order in society.
The role of individuals in the legal system
Individuals must be aware of the law, follow it, and respect legal institutions to help maintain a functioning legal system. Citizens can also participate in law-making (e.g., voting, petitions).
The role of the legal system
The legal system is a set of institutions, processes, and laws that work together to create, enforce, and resolve disputes fairly and uphold justice.
Social Cohesion
A peaceful and functioning society where individuals and groups cooperate, respect the law, and disputes are resolved fairly.
Fairness
Treating individuals impartially and without bias in legal processes. Ensuring all parties have a fair hearing and legal rights are protected.
Equality
Ensuring that all individuals are treated the same under the law, regardless of their background, wealth, gender, or personal characteristics.
Access
The ability of individuals to understand their legal rights and seek justice, including access to legal representation, courts, and dispute resolution methods.
Characteristics of an effective law
Known to the public, Easily understood, Stable, Enforceable, Reflects society’s values.
Statute Law
Laws made by parliament (also called Acts or legislation).
Common Law
Laws made by courts through precedents when resolving disputes.
Precedent
A legal principle established by a court decision that must be followed in future similar cases.
Binding Precedent
A precedent that must be followed by lower courts in the same hierarchy when deciding cases with similar facts.
Persuasive Precedent
A precedent that courts can choose to follow but are not required to. It comes from lower courts, different hierarchies, or other countries.
Statutory Interpretation
The process where judges interpret and apply the meaning of words in legislation when there is ambiguity or uncertainty.
Relationship between Parliament and Courts
Courts apply laws made by Parliament. Parliament can codify court decisions into laws. Parliament can abrogate (overturn) court precedents by passing new laws. Courts influence Parliament by highlighting unclear laws that need amendment.
Criminal Law
A branch of law dealing with offenses against society, where the government prosecutes an accused person (e.g., murder, theft).
Civil Law
A branch of law that deals with disputes between individuals or organizations, often leading to compensation (e.g., negligence, defamation).
The Victorian Court Hierarchy
A ranking system of courts based on jurisdiction and authority, allowing for efficient dispute resolution and appeals.
Reasons for the Court Hierarchy
Specialization – Different courts handle different types of cases. Precedent – Higher courts set legal precedents for lower courts. Appeals – Allows people to challenge decisions in higher courts. Administrative Convenience – More serious cases go to higher courts, while minor cases go to lower courts.
The Role of the High Court
The highest court in Australia that interprets the Constitution, resolves disputes between states, and hears appeals on important legal matters.
