AOS1 The Presumption of Innocence

Question 1

• What are the role of individuals, laws, and the legal system in achieving social cohesion and protecting the rights of individuals.

Answer 1

Individuals are responsible for being aware of the law and to follow it. Individuals are expected to respect human rights. Abiding laws enforces social cohesion. Laws established a guideline of acceptable behaviours, that includes what individuals must do and what they cannot. Social cohesion protects the rights of individuals with laws. The legal system makes, administer, interpret, and enforce law. It promotes social cohesion.

Question 2

Can you explain how the rule of law provides for social cohesion?

Answer 2

• The rule of law is a principle that states that people should bound and to obey the law, which achieves social cohesion as they protect the rights of people and set choices and boundaries for individuals to live up to.

Question 3

• the principles of justice: fairness, equality, and access.

Answer 3

• FAIRNESS: is when legal processes, systems and institutions act in ways that are reasonable and unbiased. With a fair hearing and legal proceedings.
• EQUALITY: All people are treated equally before the law, no matter what personal factors such as: age, gender, race, sexuality, wealth, or disability.
• ACCESS: All people are able to have the ability to understand their legal rights and to pursue their case without any barriers).

Question 4

Can you describe how the legal system achieves the principle of fairness?

Answer 4

• The legal system achieves the principle of fairness as they aim to have fair legal proceedings and well with individuals as they ensure that there is no bias involved.

Question 5

• characteristics of an effective law, such as reflecting society’s values; is enforceable; is known; is clear and understood; and is stable.

Answer 5

• Reflecting society’s values: If a law is accepted within the society, people are most likely to follow it. And must line with the current society values.
• Is enforceable: Those who break the law may be charged in a criminal case or sued in civil proceedings.
• Is known: It’s the responsibility for individuals to make themselves aware of the law.
• Is clear and understood: Laws must be written in a way people can easily understand what it means and what the law intent is.
• Is stable: The law must have some degree of stability regarding common law.

Question 6

Can you explain why laws need to reflect social values to be effective?

Answer 6

• Laws need to reflect social values to be effective as, if it is accepted by the society and up to date, individuals are most likely going to follow the law and abide it.

Question 7

• An overview of the roles of the parliament and the courts and their relationship in law-making.

Answer 7

• The commonwealth parliament operates in the bicameral structures. It consists of: The governor-general (the king’s representative), the Senate (upper house) and the House of Representatives (lower house).
• KINGS REPRESENTATIVES (also known as ‘The Crown’, ‘Governor-General): The yare the head state in Australia due to the constitutional monarchy. Its main power is to give or refuse Royal Assent.
• SENATE (upper house): Introduces and renew bills. They decide on matters on national interest.
• HOUSE OF REPRESENTATIVES (lower house): Initiate bills, but also represent the people and review bills, passed by the Senate.
• COURTS: Most courts hear both civil and criminal cases, some hear appeals. The higher courts (High Court, Supreme), hear complex and serious cases, while the lower courts (Magistrates), hear everyday situations and issues. The Coroner Court investigates suspicious deaths, and the Childrens Court investigates family and criminal cases involving children.
• The relationship between the parliaments and courts in law making, as parliaments make statue laws, while the courts interpret the law.

Question 8

Can you identify the roles of parliament in the law-making process?

Answer 8

• KINGS REPRESENTATIVES (also known as ‘The Crown’, ‘Governor-General): The yare the head state in Australia due to the constitutional monarchy. Its main power is to give or refuse Royal Assent.
• SENATE (upper house): Introduces and renew bills. They decide on matters on national interest.
• HOUSE OF REPRESENTATIVES (lower house): Initiate bills, but also represent the people and review bills, passed by the Senate.

Question 9

• Sources of law such as common law and statute law

Answer 9

• Statue law are made from the parliament. They are passed through both the houses of parliament and received a Royal Assent from the Governor-general.
• Common law, also called as ‘Judge-made law’ are laws passed through the courts. There are 2 outcomes: statutory interpretation and precedents.

Question 10

Can you explain how courts make law through the system of precedent?

Answer 10

• Courts make laws through the system of precedent, if the case is the first of its kind, this establishes or creates a new legal principle.

Question 11

• An overview of, and reasons for, the Victorian court hierarchy

Answer 11

• The COURT SYSTEM: Magistrates Court of Victoria, County Court of Victorian, Supreme Court (Court of Appeal), Supreme Court (Trial Division) and lastly The High court of Australia (Federal).

Question 12

Can you explain why a system of appeals can only operate within a court hierarchy?

Answer 12

• A system of appeals can only operate within a court hierarchy because without the big courts, there would be unfairness within cases and the court hierarchy is a system that distributes a case due to its seriousness.

Question 13

• Types of law such as criminal law and civil law

Answer 13

• Criminal law: murder, sexual crimes, drugs, alcohol, traffic incidents and assault are all under the criminal law.
• Civil law: negligence, torts, defamation, breaches of both contract and civil rights are some that are under civil law.

Question 14

Can you explain the nature and purpose of criminal and civil law?

Answer 14

• The purpose of criminal and civil laws are criminal laws protect the society and sanctions for those who have committed an offence. While civil laws protect the rights of individuals and balances the conduct between them.

Question 15

• the distinction and relationship between criminal law and civil law.

Answer 15

• The distinction and relationship between criminal and civil law is, criminal law protects society and sanctions for those who committed an offence, while a civil law is to protect the rights of individuals and regulate conduct between them. The relationship between the two laws is that they both require evidence and a fair trial.

Question 16

Can you identify differences between criminal laws and civil laws?

Answer 16

• The difference between civil and criminal laws are: Civil law includes damages, injunctions, and compensations are penalties that are set, and the two parties are the plaintiff and the defendant. For criminal law offenders are punished through imprisonment, fines, and community correction orders. The two parties are the prosecution and accused.