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legal 1/2 > ch 3- legal foundations > Flashcards

ch 3- legal foundations Flashcards

1
Q

social cohesion

A

term used to describe the willingness of members of a society to cooperate with each other in order to survive and prosper

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2
Q

rule of law

A

the principle that everyone in society is bound by law and must obey the law and that laws should be clear and fair so people are willing and able to obey them

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3
Q

what are the 5 core areas of social cohesion

A

a sense of belonging
a sense of worth
social justice and quite
political participation
acceptance/rejection

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4
Q

parliament

A

a formal assembly of representatives of the people that is elected by the people and gathers to make laws

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5
Q

the role of laws in protecting social cohesion

A

they establish a framework in which people live, set boundaries, and allow individuals to make choices on how they live, upholding the rule of law

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6
Q

give an example of how laws protect social cohesion

A

some laws specify what we must do like pay for goods or services and some specify what we must not do like steal.

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7
Q

what is the responsibility of individuals in social cohesion

A

laws enable social cohesion and protect the rights of individuals responsibilities to ensure they are aware of the laws and abide by them. they are also expected to respect human rights alongside assisting the police with investigations where they can

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8
Q

give an example of how individuals can help with social cohesion

A

if someone opens a business, theyre expected to familiarise themselves with laws about business like registering a business and paying taxes

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9
Q

legal system

A

the legal system is a set of methods and institutions that makes, administers and enforces the law

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10
Q

role of the legal system in maintaining social cohesion

A

applying the law and enforcing it are two of the roles of the legal system that help to achieve social cohesion and protect human rights. the legal system helps to enforce the law, ensuring that rights are upheld and that society functions effectively.

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11
Q

give an example of how the legal system maintains social cohesion

A

a law in victoria states that a person who sells goods to another person guarantees that the goods are of an acceptable quality.

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12
Q

what are the 3 principles of justice

A

fairness, equality and access

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13
Q

civil dispute

A

a disagreement between two or more individuals or groups where one of the individuals makes a legal claim against the other

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14
Q

fairness

A

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

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15
Q

human rights charter

A

the charter of human rights and responsibilities act 2006, its main purpose is to protet and promote human rights.

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16
Q

what are the 3 main features of fairness

A

impartial processes, open processes and participation

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17
Q

what is an impartial process

A

all personnel involved in the legal system must be impartial and independent, they mustn’t show bias towards anyone and the case must be decided based on facts and law not what a person thinks about a party in a case. the requirement to be impartial then extends to the need to ensure that there is no suspcision that a person may be biased

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18
Q

apprehended biases

A

situations where a fair minded observer may reasonably believe that the person hearing or deciding a case might not be impartial

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19
Q

open processes

A

transparency during the process meaning that these processes can be scrutinised by the community and reported in the media, but can sometimes be private when needed

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20
Q

give an example where a case doesnt have open processes

A

in a criminal case, sometimes the courtroom may be closed to the public to protect young witnesses such as children

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21
Q

participation

A

all people should be able to participate in a case

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22
Q

what are some ways that participation can be achieved in cases

A

the person defending a case must know the facts that are raised against them, so all relevant evididence must be disclosed
the person defending teh case must have time and facilities to prepare a defence, and can present it in court if they so choose
opportunity to engage a lawyer, interpreter if needed
case should be heard in a timely manner, without unreasonable delay

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23
Q

equality

A

all people engaging with the justice system and its processes should be treated in the same way. if the same treatment creates disparity, adequate measures should be implemented to allow all to engage with the justice system without disparity.

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24
Q

give an example of where you would treat someone differently to ensure equality

A

a party to a case who has a mental impairment, and who doesn’t understand the legal system as well as the other party, may need more assistance than the other party, to understand court processes.

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25
Q

what are some measures to be implemented to make sure someone is treated equally, without discrimination

A

person who is representeted, may need more assistance from the judge/magistrate to understand processes.
may need an interpretor
breaks during a trial incase if they are unwell or have disabilities or mental health issues

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26
Q

access

A

all people should be able to engage with the justice system and its processes on an informed basis

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27
Q

give some examples of how the legal system should make it possible for people to use legal procedures

A

access the institutions that make decisions about cases as well as being able to have contact with bodies and institutions that provide legal advice, education, info and assisstance and being able to be informed about cases. technological access as well

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28
Q

victoria legal aid

A

a government agency that provides free legal advice to all members of the community and low cost or no cost legal representation to some poeple who cannot afford a lawyer

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29
Q

lawyer

A

a general term used to describe someone who has bene trained in the law and is qualified to give legal advice

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30
Q

what must an effective law be?

A

RECKS
reflects values of society
enforceable
clear and understood
known
stable

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31
Q

why must laws reflect society’s values

A

if it is in line with society’s current values, then members of society are inclined to follow the law, meaning that laws need to change when society’s values change. police and other bodies must also be willing to enforce it.

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32
Q

give an example of how a law reflects society’s values

A

in 2021, a legislation was passed to establish rules about when ones criminal history becomes spent. many advocated for the change, suggesting that ones criminal history can become unfair for those who have reformed

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33
Q

why must laws be enforceable

A

if people break the law, it must be possible to catch, punish or sue them as if not, people may be less inclined to follow the law

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34
Q

give an example of an effective law

A

in victoria its an offence to cause damage to public property. it is likely to be effective as it requires the behaviour to occur in public, meaning that the behaviour is more likely to be visible to those in society, and the cops can enforce the laws

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35
Q

why must a law be known

A

if people don’t know about the law, they cannot follow it. this goes both ways, meaning that its the responsibility of individuals to find out what the law is on a matter affecting them as the ignorance of the law is no excuse. however, law makes must also keep the public informed of any new laws passed.

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36
Q

give an example of how the government can make the laws known

A

in 2021, laws were introduced in victoria setting minimum standards that properties must meet if they’re to be rented. to ensure that people were aware, it was widely publicised on social media sites, newspapers and websites

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37
Q

why must laws be clear and understood

A

it must be written in a way so that the intent of the law is clear as if its ambiguous or in jargon, its possible that people won’t follow it and the law will become ineffective

38
Q

give an example of why laws must be clear and understood

A

in victoria there are several relevant laws and regulations surrounding trees, but these tend to be complex and confusing for the ordinary pesron to understood causing unneccessary disputes, interrupting social cohesion

39
Q

why must laws be stable

A

if a law is constantly changing, people may be uncertain as to what the law actually is, and therefore not as effective as a law that has remained constant for some time

40
Q

statute law

A

law made by parliament also known as acts of parliament or legislations

41
Q

bicamerical parliament

A

a parliament with two houses/chambers. in the commonwealth parliament, the houses are the senate/upper house and the house of representatives/lower house. in the victorian parliament, the houses are the legislative council/upper house and the legislative assembly/lower house

42
Q

governor general

A

the kings representative at the commonwealth level

43
Q

house of representatives

A

the lower house of the commonwealth parliament

44
Q

senate

A

the upper house of the commonwealth parliament

45
Q

election

A

the process where eligible people vote to choose a person to hold a position in a body or organisation

46
Q

government

A

the ruling authority with power to govern, formed by the political party/parties called a coalition, that holds the majority in the lower house in each parliament. the members of parliament who belong to this political party form the government

47
Q

political party

A

an organisation that represents a group of people with shared values and ideas and which aims to have its members elected to parliament

48
Q

opposition

A

the political party that holds the second largest number of seats in the lower house, the opposition will question the government about policy matters and is responsible for holding the government to account

49
Q

coalition

A

an allieance or joining together of two or more political parties usually to form government

50
Q

bill

A

a proposed law that has bene presented to parliament to become law. a bill becomes an act of parliament once it has passed through all the formal stages of law making

51
Q

governor

A

the kings representative at the state level

52
Q

legislative assemly

A

the lower house of the victorian parliament- because A comes before c

53
Q

legislative council

A

the upper house of the victorian parliament

54
Q

minister

A

member of parliament who is a member of the party in government and who is in charge of a particular area of government

55
Q

cabinet

A

the group of senior ministers in a government made up of the PM or premier and senior government ministers in charge of a range of portfolios. cabinet decides which bills or legislations should be presented to parliament

56
Q

act of parliament

A

law made by parliament, a bill that has passed through parliament and has received royal assent

57
Q

supremacy of parliament

A

final law making power rests with parliament which can repeal and amend its own statutes and pass legislation to override common law

58
Q

royal assent

A

the formal signing and approval of a bill by the govenor general after which the bill becomes an act of parliament

59
Q

private member’s bill

A

a bill introduced into parliament by a member of parliamet who is not a government minister

60
Q

secondary legislation

A

rules and regulations made by secondary authorities that are given the power to do so by parliament

61
Q

court hierarchy

A

the ranking of courts from lowest to highest according to the seriousness and complexity of the matters they deal with

62
Q

jurisdiction

A

the lawful authority of a court, tribunal or other dispute resolution body to decide legal cases

63
Q

appeal

A

an application to have a higher court review a ruling/decision

64
Q

doctrine of precedent

A

the rule that the reasons for the decisions of higher courts are binding on courts, ranked lower in the same hierarchy in cases where the material facts are similar

65
Q

common law

A

law made by judges through decisions made in cases. AKA case law or judgemade law

66
Q

statutory interpretation

A

process where judges give meaning to the words or phrases in an act of parliament so that it can be applied to resolve a case before the court

67
Q

statute

A

law made by parliament; a bill that has passed through parliament and has received royal assent

68
Q

precedent

A

principle established in a legal cse that should be followed by courts in later cases where the material facts are similar, precedents can either be binding or persuasive

69
Q

ratio decidendi

A

latin term meaning- the reason. the legal reasoning behind a judges decision, forming the binding part of an agreement

70
Q

stare decisis

A

‘let the decision stand.’ the basic principle underlying the doctorine of precedent.

71
Q

binding precedent

A

legal reasoning for a decision a higher court that must be followed by a lower court in the same jurisdiction in cases where the material facts are similar.

72
Q

persuasive precedent

A

legal reasoning behind a decision of a lower or equal court within the same jurisdiction or a court in a different jurisdiction, that may be considered and therefore used as a source of influence or followed, even though it isn’t binding

73
Q

obiter dictum

A

‘by the way.’ comments made by the judge in a particular case that may be persuasive in future cases, even though they don’t form a part of the reason for the decision and are not binding

74
Q

what are the 4 ways courts can develop or avoid earlier precedents

A

distinguishing a previous precedent, overruling a previous precedent, reversing a previous precedent, dissaproving a previous precedent

75
Q

codify/codification

A

to collect all law on one topic together into a single statute

76
Q

abrogate/abrogation

A

to abolish or cancel a law

77
Q

how can courts influence parliament

A

courts can influence changes in the laws made by parliament through the comments judges make during court cases

78
Q

criminal law

A

an area of law that defines behaviours and conduct that are prohibited and outlines sanctions for people who commit them

79
Q

crime

A

an act or omission that is against an existing law, harmful both to an individual and to society, and punishable by law

80
Q

sanction

A

a penalty imposed by a court on a person guilty of a criminal offence

81
Q

imprisonment

A

a sanction that involves removing the offender from society for a stated period of time and placing them in prison

82
Q

prosecution

A

party that institutes criminal proceedings against an accused on behalf of the state. prosecution team includes the prosecutor

83
Q

accused

A

a person charged with a criminal offence but who has been found guilty or pleaded guilty

84
Q

offender

A

a person who has been found guilty of a criminal offence by a court

85
Q

civil law

A

an area of law that defines the rights and responsibilites of individuals, groups and organisations in society and regulates privates disputes

86
Q

plaintiff

A

a party who makes a legal claim against another party in court

87
Q

defendant

A

a party who is alleged to have breached a civil law and who is being sued by a plaintiff

88
Q

tort

A

a term that means wrong, interfering with a person’s legally protected interests

89
Q

contract law

A

an area of civil law governing the validity and enforceability of agreements made between two or more parties

90
Q

remedy

A

any order made by a court or tribunal that is designed to address a civil wrong or breach. should provide a legal solution for the plaintiff for a breach of the civil law, by the defendant

91
Q
A

legal 1/2 (10 decks)

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