Legal foundations

Question 1

social cohesion

Answer 1

The ability of a community to live together in a peaceful, orderly, and harmonious manner by recognising that all people have rights and responsibilities.

Question 2

Customs

Answer 2

Customs are socially acceptable habits that have become common practice.

eg waiting in queues, RSVP to parties, bringing gift to bday party

Question 3

Rules

Answer 3

Rules are non-legal guidelines which apply to a specific group of people.

Eg school rules - wear the right uniform

Question 4

Laws

Answer 4

Laws are legal rules that everyone in society must follow.

Question 5

Why we need laws

Answer 5

We need laws to achieve social cohesion and to protect individual rights.

Question 6

Characteristics of effective law

Answer 6

1. Known
2. Enforceable
3. reflect society’s values
4. Laws should be stable
5. Laws should be clear and understandable

Question 7

Fairness

Answer 7

Impartial and just treatment or behaviour without favouritism or discrimination.

eg. right to be silenced, receiving a fair trial, adequate time to present case

Question 8

Equality

Answer 8

The state of being equal, especially in status, rights or opportunities.

eg Both parties have a right to legal representation, equal opportunities to present case.

Question 9

Access

Answer 9

The means or oppurtunities to engage with the legal system.

eg access to interpreter if needed, legal aid, access to court in geographic areas.

Question 10

Reasons for court hierachy [PASTA]

Answer 10

precedent
appeals
specialisation
time and money
administrative convinience

Question 11

Precedent

Answer 11

legal principle or rule esthablished in a previous legal case

Question 12

Appeal

Answer 12

the process whereby decisions can be reviewed by a higher court, should a party not be satisfied with outcome of case.

Question 13

Specialisation

Answer 13

Having a court hierarchy allows courts to specialise in certain types of cases.

Question 14

Time and money

Answer 14

Having a court hierarchy saves time and money. Less serious matters that dont take long can be held in lower courts leaving higher courts to concentrate on more serious matters.

Question 15

Administrative convinience

Answer 15

A court hierarchy ensures administrative convenience as administration can be dealt with more effectively when courts are ranked and hear similar cases of nature.

Question 16

Original jurisdiction

Answer 16

refers to the power of a court to hear a case in the first instance

Question 17

Appellate Jurisdiction

Answer 17

refers to the powers of a court to hear a case for the second time on appeal

Question 18

High Court of Australia jurisdiction

Answer 18

Original - federal matters
Appellate - from a single judge of the high court, from the full court of the supreme court of court of appeal.

Question 20

Supreme court [court of appeal] of Jurisdiction

Answer 20

Original - no original jurisdiction
Appellate - from single judge of high court, from the full court of the supreme court or court of appeal

Question 20

Supreme court [trial division] jurisdiction

Answer 20

Original - most serious indictable offences
appellate - from the magistrate’s court on a point of law

Question 21

County court jurisdiction

Answer 21

original - indictable offences except for murder, conspiracies, corporate offenses
appellate- from the magistrates court on conviction or sentence

Question 22

Magistrates court jurisdiction

Answer 22

original - all summary offenses and indictable offenses heard summarily, committal proceedings, bail applications, warrant applications
appellate - no appellate jurisdiction

Question 23

Parliament role

Answer 23

The parliament makes and amends the law

Question 24

Executive role

Answer 24

the executive puts the law into action

Question 25

Judiciary

Answer 25

the judiciary makes judgements about the law

Question 26

Commonwealth parliament

Answer 26

the king [governer general]
the senate
the house of representatives

Question 27

House of representatives [ lower house]

Answer 27

Has 151 members representing 151 electorates
Aim is to ensure