AOS - Legal Foundations

Question 1

Social Cohesion

Answer 1

Strong relationships and bonds
that unite society and encourage
cooperation, alongside an absence
of war and conflict.

Question 2

Why might individuals be encouraged to follow legislation?

Answer 2

• Out of fear
• Due to personal morals and values
• To maintain a positive public reputation
• To avoid causing physical, emotional, or
  psychological harm.

Question 3

Fairness

Answer 3

all people can participate in the justice system and its processes should be impartial and open.

Question 4

Equality

Answer 4

Prevents discrimination of personal characteristics such as age, gender wealth, native language, ethnicity and religion.

If the same treatment creates disparity or disadvantage, adequate measures should be implemented to allow all to engage
with the justice system without disparity or disadvantage.

Question 5

Rule of law

Answer 5

The law applies to everybody regardless of their status.

Question 6

Access

Answer 6

Aims to ensure everybody has the opportunity to participate in the legal system with much knowledge.

Question 7

Reflects societies values

Answer 7

upholds what the majority of society
accepts and believes in.

Question 8

Is enforceable

Answer 8

it is possible to monitor whether people abide by a law, allowing consequences to be provided to those who do not.

Question 9

Is known

Answer 9

people are aware of a law and any changes to it, with adequate time being provided to become familiar with any new laws or changes.

Question 10

Clear and understood

Answer 10

a characteristic of an effective law in that individuals can comprehend the requirements of a law and are able to abide by it.

Question 11

Stable

Answer 11

Laws need to adapt and change as society does.

Question 12

Parliament

Answer 12

Law - making body that creates or changes laws for the society it represents.

Question 13

Statute law

Answer 13

Laws made by parliament. (Legislation)

Question 14

Courts

Answer 14

Apply law to the case before them in order to make legal decisions.

Question 15

Common law

Answer 15

Law created by court (case law or judge made law)

Question 16

Features of the relationship between parliament and the courts

Answer 16

• Statutory interpretation
• Codification
• Abrogation
• Judicial influence

Question 17

Statutory interpretation

Answer 17

Courts giving a meaning to a law so the law can apply to a specific scenario.

Question 18

Doctrine of precedent

Answer 18

A rule that Judges must follow discissions given by higher up courts.

Question 19

Ratio decidendi

Question 20

Obiter dictum

Answer 20

“by the way” - comments made by judges to provide a suggestion.

Question 21

A bill

Answer 21

Proposed law given by a member of the houses.

Question 22

Criminal Law

Answer 22

Defines prohibited behaviours and outlines sanctions to those who participate in illegal activities.

Question 23

Civil Law

Answer 23

Defines the rights and responsibilities of people when disputes between parties come into play.

Question 24

Burdon of proof - Criminal law

Answer 24

prosecution

Question 25

Burdon of proof - Civil Law

Answer 25

“Balance of probabilities”

Question 26

Outcomes - Criminal law

Answer 26

Sanctions

Question 27

Outcomes - Civil Law

Answer 27

Remedies

Question 28

Jurisdiction

Answer 28

the legal power of a court
or other authority to make decisions.

Question 29

Binding
precedent

Answer 29

The legal reasoning that must be followed by all lower courts in the
same court hierarchy if the material facts are similar.

Question 30

Persuasive
precedent

Answer 30

• comments that are obiter dictum
• decisions made by the same court or courts at a lower level
  in the hierarchy
• decisions made by a court in a different hierarchy, such
  as NSW or England.

Question 31

Reversing
a precedent

Answer 31

Reversing the precedent set by a lower court means a new precedent is established by the superior court. This happens what their is an appeal.

Question 32

Overruling
a precedent

Answer 32

When a superior court invalidates a previous decision of a lower
court by establishing a new precedent in a different case with
similar facts.

Question 33

Disapproving
a precedent

Answer 33

When a lower court expresses its disapproval for a precedent
established by a higher court through its written judgment, but
is still bound to follow it.