guilt and liability Flashcards
the principles of justice
fairness, access, equality
access
allow people to understand
legal rights
pursue their case.
fairness
fair processes, fair hearing
case heard impartial manner
fear or favour
equality
being treated equal before the law with parties having an equal opportunity to present their case
common law
as a secondary role, courts occasionally make law as a part of their determination of cases. Court made law is known as common law, case law or judge made law
statute law
the main role of parliament is to make laws. Laws made by parliaments are called statutes, acts or parliament or legalisation.
common law example
Members of the couple live together for an extended period of time, who present themselves as a married couple to friends/families
statute law example
traffic violations like running a red light and the minimum legal drinking age of 21.
criminal law
law that protects the community by establishing crimes and sanctions for people who commit crimes. A crime is an act or omission that breaks a law, is harmful to others and is punishable by law
civil law
civil law involves disputes between individuals or groups where it is claimed that rights have been infringed. civil law includes disputes relating to contracts, negligence, defamation and trespass.
the role of individuals
it is the responsibility of individuals to ensure they are aware of the laws and abide by them. if individuals do not abide by these laws this can result in punishments such as fines, community service orders or even imprisonment
the role of laws
laws provide guidelines on what behaviour is acceptable and what behaviour is not acceptable. They set expectations about the way individuals should behave.
the role of the legal system
the legal system is a set of methods and institutions that makes, administers and enforces laws. The legal system aims to deal fairly and justly with individuals who have broken the law or breached someone else’s rights.
social cohesion and the rights of individuals
- willingness
- cooperate to survive and prosper
- free to make choices in society for harmony.
characteristics of an effective law
reflect society's values be enforceable be known be clear and understood be stable
laws must be enforceable
If people break the law, it must be possible to catch and punish them, or sue them. if this is not possible, people may be less inclined to follow the law.
laws must reflect society’s values
for a law to be effective, it must reflect society’s current values. If law is in line with society’s current values, then members of society are more inclined to follow that law than disregard it.
laws must be known
for a law to be effective, the public must know about it. If people do not know about a law, they cannot follow it
laws must be clear and understood
for law to be effective
important for a law to be written in a way that is clear and understandable so that the intent is clear, if a law is unclear in many ways it is more inclined for people to not follow it
distinguish the difference between criminal and civil law
the difference between criminal and civil law is the aim of each area of law and the consequences that follow. The main aims of criminal law are to protect society and to sanction offenders who have committed a crime. On the other hand, the aims of civil law are to regulate the conduct between parties to a dispute, and to remedy a wrong that has occurred.
relationship between parliament and the courts
have a complimentary relationship. while the main role of parliament to make laws, and the main role of courts is to resolve disputes, parliament and the courts need to work together to ensure laws are workable and enforceable.
overview of victorian court hierarchy
provides means of resolving disputes
enforcing the law peacefully without resorting to violence.
court system includes a variety of courts for different types of cases
reasons for a court hierarchy
- specialisation
- appeals
- allows the doctrine of precedent to operate
- administrative convenience
specialisation
courts develop expertise in hearing certain types of cases so they should become proficient in delivering fair and just outcomes
appeals
important for a person who believes an error has been made by a court can appeal to a higher court to review the decision.
Without a hierarchy, parties would not know where to have their appeal heard.
allows the doctrine of precedent to operate
courts have to follow earlier decisions in higher courts in their own hierarchy involving similar material facts. Without a hierarchy, courts would not know whose decisions they have to follow.
administrative convenience (basically court hierarchy)
cases can be heard more efficiently as more frequently occurring minor matters are heard in the Magistrates’ Court and the smaller number of more serious and complex cases are heard in the superior courts.
precedents (similar)
principle established
in legal case that material is similar
binding or persuasive.
royal assent
the formal signing and approval of a bill by the governor general or a governor after which the bill becomes an act of parliament
negligence
type of tort involving a breach of duty of care, resulting in loss or harm.
codification
collecting all law on one topic together into a single statute
abrogation
parliament may create legalisation
changing or overridng a courts decision
statutory interpretation
the process by which judges give meaning to the words and phrases in act of parliament, so it can be applied to resolve a case
sanction
Any individual who breaks certain laws may receive a penalty imposed by a court on a person guilty of a criminal offence. Penalties can include fines, or for a serious breach, spending time in prison.
remedy
order made by a court designed to address a civil wrong or breach.
should provide a legal solution
restore plaintiff to position they were in beforehand
beyond reasonable doubt
standard of proof in criminal cases
requires prosecution to prove no reasonable doubt that the accused committed the offence
prosecution
the lawyers who prepare a criminal case and take it to court on behalf of the state, the victim and society
plaintiff
a party who makes a legal claim against another party in court
defendant
a party who is alleged to have breached a civil law and who is being sued by the plaintiff
accused
a person being charged with an offence
duty of care
the legal obligation to cautious and careful, keeping other people in mind when doing anything that could harm them
