guilt and liability

Question 1

the principles of justice

Answer 1

fairness, access, equality

Question 2

access

Answer 2

allow people to understand
legal rights
pursue their case.

Question 3

fairness

Answer 3

fair processes, fair hearing
case heard impartial manner
fear or favour

Question 4

equality

Answer 4

being treated equal before the law with parties having an equal opportunity to present their case

Question 5

common law

Answer 5

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

Question 6

statute law

Answer 6

the main role of parliament is to make laws. Laws made by parliaments are called statutes, acts or parliament or legalisation.

Question 7

common law example

Answer 7

Members of the couple live together for an extended period of time, who present themselves as a married couple to friends/families

Question 8

statute law example

Answer 8

traffic violations like running a red light and the minimum legal drinking age of 21.

Question 9

criminal law

Answer 9

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

Question 10

civil law

Answer 10

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.

Question 11

the role of individuals

Answer 11

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

Question 12

the role of laws

Answer 12

laws provide guidelines on what behaviour is acceptable and what behaviour is not acceptable. They set expectations about the way individuals should behave.

Question 13

the role of the legal system

Answer 13

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.

Question 14

social cohesion and the rights of individuals

Answer 14

• willingness
• cooperate to survive and prosper
• free to make choices in society for harmony.

Question 15

characteristics of an effective law

Answer 15

reflect society's values 
be enforceable
be known 
be clear and understood 
be stable

Question 16

laws must be enforceable

Answer 16

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.

Question 17

laws must reflect society’s values

Answer 17

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.

Question 18

laws must be known

Answer 18

for a law to be effective, the public must know about it. If people do not know about a law, they cannot follow it

Question 19

laws must be clear and understood

Answer 19

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

Question 20

distinguish the difference between criminal and civil law

Answer 20

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.

Question 21

relationship between parliament and the courts

Answer 21

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.

Question 22

overview of victorian court hierarchy

Answer 22

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

Question 23

reasons for a court hierarchy

Answer 23

• specialisation
• appeals
• allows the doctrine of precedent to operate
• administrative convenience

Question 24

specialisation

Answer 24

courts develop expertise in hearing certain types of cases so they should become proficient in delivering fair and just outcomes

Question 25

appeals

Answer 25

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.

Question 26

allows the doctrine of precedent to operate

Answer 26

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.

Question 27

administrative convenience (basically court hierarchy)

Answer 27

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.

Question 28

precedents (similar)

Answer 28

principle established
in legal case that material is similar
binding or persuasive.

Question 29

royal assent

Answer 29

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

Question 30

negligence

Answer 30

type of tort involving a breach of duty of care, resulting in loss or harm.

Question 31

codification

Answer 31

collecting all law on one topic together into a single statute

Question 32

abrogation

Answer 32

parliament may create legalisation

changing or overridng a courts decision

Question 33

statutory interpretation

Answer 33

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

Question 34

sanction

Answer 34

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.

Question 35

remedy

Answer 35

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

Question 36

beyond reasonable doubt

Answer 36

standard of proof in criminal cases

requires prosecution to prove no reasonable doubt that the accused committed the offence

Question 37

prosecution

Answer 37

the lawyers who prepare a criminal case and take it to court on behalf of the state, the victim and society

Question 38

plaintiff

Answer 38

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

Question 39

defendant

Answer 39

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

Question 40

accused

Answer 40

a person being charged with an offence

Question 41

duty of care

Answer 41

the legal obligation to cautious and careful, keeping other people in mind when doing anything that could harm them