guilt and liability Flashcards
role of individuals
role of law
role of legal system
to follow laws, participate willingly, understand laws
protect individuals rights, protect community, set boundaries for behaviour, achieve social cohesion
ensure laws are equal, enforce laws, apply the law
how individuals protect rights
laws protect rights
legal system protects rights
attempt to protect other’s rights by following laws/actions
by literally protecting them via their purpose
to ensure laws are fair, equal, and by applying the laws
fairness
equality
access
having a fair process/hearing, in legal case both parties have opportunity to know facts for a fair case
everyone his equal before law, equal opportunity to present case without disadvantage or advantage
all people understand their legal rights, have access to legal amenities
what makes an effective law?
it must be
Enforceable
stable
known
understood
reflect societies current values
source: common law
source: statute law
law made by parliament also known as legislation, a proposed law is a bill, discussed by 2 houses then approved by royal assent
law made by judges in a court off law during decisions in cases
statutory interpretation
precedent
ratio decidendi
when judges give meaning to words in an act of parliament/applying it to the legal case
a principle established in a legal; case that must be followed by lower courts (binding or persuasive)
the legal reasoning of a judges decision
codification of common law
abrogation of common law
codification is when parliament passes an act to reinforce a principle established in court
codification is when parliament passes an act to abolish a common
+ court decisions can influence acts of parliament
criminal law
crime
sanction
criminal law is an area of law that defines prohibited behaviour/conduct and used sanctions for people who commit them
a crime is an act or omission against an existing law that is harmful to society or an individual, punishable by law
a sanction is a penalty imposed by court on a guilty person (fine, community corrections order, prison sentence)
civil law
a law
civil law is an area of law that defines rights/responsibilities of individuals in society - regulates private disputes
laws are legal rules made by legal authority, enforced by police
civil and criminal relationship
civil and criminal distinction
relationship: one can be criminally charged then taken to civil court and sued
distinction: plaintiff vs prosecution, police vs no police, aims to protect society vs regulating private disputes
the 9 parliaments
6 state
2 territory
1 common wealth
the two houses involved in law making
the senate and house of representatives
the court hierarchy
reasons for hierarchy: doctrine of precedent, administrative convenience
magistrates > county > supreme - court of appeal/trial division
reasons:
appeal to higher courts
doctrine of precedent - higher courts decisions bund lower courts decisions
administrative convenience - different jurisdictions hear different matters
magistrates court
county court
supreme
summary offences, assault, no appeals
appeals, indictable offences, serious civil cases
appeals, serious indictable offences, civil cases with unlimited sums of money
commital hearing
evidence is examined in magistrates court to decide if trial is needed
