A0S2 Flashcards
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Are rules or regulations made by official law making bodies such as local councils, parliament or courts. We have laws to help establish boundaries of unacceptable behavior, so that all members of society conduct can be aware of the type of conduct that will and will not be tolerated by the majority of people. Laws are to keep people safe aswell and overall so individuals treat each other with respect.
Non legal rules and why are they made
are rules or regulations made by specific groups or organizations so they can work together in a peaceful manner. eg. sport, schools, families. Non legal rules are made to establish a code that is acceptable to the majority of group members so the group can work in a cooperative manner.
3 reasons why we have laws:
Laws establish a code of conduct: Laws establish the boundaries of acceptable behavior and determine which actions will not be tolerated.
Laws are there to protect the community from harm asswell as property. Therefore, we have laws prohibiting acts of violence and vandalism. Offenders will be punished if they choose to put property and people at risk.
Laws reflect the changing values and circumstances: Laws reflect the values of the community and, because our values change over time, so too do our laws. For example, not all that long ago homosexuality was once a criminal offence and opening retail stores on a Sunday was illegal.
what are statutory authorities and what are some advantages:
law making bodies that focus on particular areas. Set-up and given powers to make laws in specific area through an Act of Parliament. eg. local councils, vic roads, Australia post.
Advantages: More knowledgeable about the specific requirements of local areas/specialist areas.
More timely and efficient law-making.
How does parliament make laws and what are some advantages of this law making body:
They make laws Through the legislative process of passing bills through both houses of Parliament. Royal Assent.Representative role means laws created should reflect the views of the majority.
Can bring in laws to make major and wide-spread changes.
How do courts make laws and what are some advantages of this law making body?
Can make law where it is needed to resolve a dispute in front of the court if there is no existing Act of Parliament. This is known as common law.
Statutory interpretation: is when a judge is called to resolve a dispute and their is a existing legislation, however the wording in the legislation is unclear, and hence needs to be interpreted or given meaning by judge so they can solve the case.
What is a court hierarchy and why is it essential to courts creating common law?
A court hierarchy is a system of courts where each court has its own level of authority and handles different types of cases. The court hierarchy usually consists of several levels of courts, with each level having more authority than the level below it.
It is essential for courts create common law as sometimes new situations arise where there is no legeslation or precedent in that particular area meaning the judges. gaps in laws or the judge does not understand the meaning of a particular word. Judges then look at similar areas of that issue to then make their own law to apply it to the case. They then document there reasoning for there decision which is known as common law to be followed by other courts if this happends again.
4 key principles behind Australia’s justice system
All individuals are equal before the law
individuals have the right to a fair hearing
the judicary (court system) is fair and impartial
individuals have the right to appeal
What is a court hierarchy and why is it essential to courts creating common law?
A court hierarchy is a system of courts where each court has its own level of authority and handles different types of cases. The court hierarchy usually consists of several levels of courts, with each level having more authority than the level below it. Each level of court deals with different types of cases and has different jurisdictions.
It is essential for courts create common law as sometimes new situations arise where there is no legeslation or precedent in that particular area meaning the judges or there could be gaps in legeslation. Judges then look at similar areas of that issue to then make their own law to apply it to the case. They then document there reasoning for there decision which is known as common law to be followed by other courts if this happends again.
What is common law?
Common law is laws that are made by judges when there is for a example a gap In legislation or there in no law or precedent that has been made for the particular case,
What is the ‘rule of law’ and how does law-making by courts uphold this? (Hint refer back to Chapter 10.2)
The rule of law meaning that our laws apply equally to all individuals and organizations throughout Australia and must be upheld by all no matter on physical appearance. The rule of law also means that the law can only be enforced and altered by those with the legal authority to do so. In Australia parliaments and courts have the power to make and enforce laws.
courts upholds this by ensuring that legal principles and rules are based on existing laws and the constitution.
Explain two reasons why courts may need to interpret legislation. Provide an example for each.
Gaps in legislation: there may be un-clear language
courts may not understand the parliaments intent when making the law. The laws also may not be up to date.
Describe two ways in which common law may be changed.
A higher court in the same heirarchary uses a different ‘reasoning’ and a new precedent is created which means it must be followed by all the lower courts.
Parliament can create a new legeslation which must be applied to all future cases
Explain the principle of right to appeal.
The right to appeal means that if an indiviudal is dissatisfied with the result from there court case and believes it is not fair then the individual has the right to have there case reviewed by a higher court.
Describe two ways in which the Australian legal system fails to treat all people equally. (4 marks)
- low income people
- asylum seekers
