Exam Revision Unit 1 AOS 1 Flashcards
The role of individuals, laws and the legal system in achieving social cohesion
Individuals: aware of and abide by laws
Laws: made by a democratically elected Parliament meaning they reflect society’s views and values, applied in a similar way to all individuals and businesses
Legal System: fair, transparent, equitable, reliable to ensure trust in the legal system
The principles of justice: fairness, equality and access
Fairness: the just treatment or behaviour without favouritism or discrimination. In the legal system, everyone has the right to participate in the justice system and its processes should be impartial and open.
Equality: the state of being equal or the absence of discrimination. Doesn’t always mean everyone is treated the same. In the legal system, all people being treated the same before the law and having an equal opportunity to present their case. Equality before the law is a basic human right that is stated in the Universal Declaration of Human Rights.
Access: the ability to approach or make use of something. In the legal system, defined by an individual’s understanding of their legal rights and ability to pursue their case.
Characteristics of an effective law
Reflects society’s views and values
Enforceable
Known
Clear and understood
Stable
The roles of the parliament and the courts and their relationship in law-making
Establish Courts through an Act of Parliament
Statutory interpretation
Codification of common law
Abrogation of common law
Ability of Courts to influence Parliament
Invalidation of Statue
Sources of law such as common law and statute law
Statue law: created by Parliament as they assess the need for a change in the law.
Common law: created by Courts when addressing a case before them.
An overview of, and reasons for, the Victorian court hierarchy
Appeal
Specialisation
Administrative convenience
Doctrine of Precedent
Types of law
Criminal law: the body of law relating to an act or omission causing harm against society.
Civil law: body of law regarding disputes between two private individuals or organisations.
The distinction and relationship between criminal law and civil law
Standard of proof: beyond reasonable doubt vs on the balance of probabilities
Outcome: verdict of guilty or not guilty and sanction vs verdict of liable or not liable and remedy
Parties: prosecution and defendant vs plaintiff and defendant
Purpose: punish vs restore
The role of individuals, laws and the legal system in protecting the rights of individuals
Individuals: respect rights, report crimes that infringe on rights
Laws: protect rights, discourage dangerous behaviour
Legal system: creates laws
