legal foundations

Question 1

Social cohesion

Answer 1

A term used to describe the willingness of members of a society to cooperate with each other.

Question 2

Fairness

Answer 2

A principle of justice which means all people can participate in the justice system, and its processes should be impartial and open.

Question 3

Equality

Answer 3

A principle of justice which means all people engaging with the justice system and its processes should be treated in the same way; if the same treatment creates disparity or disadvantage, adequate measures should be implemented to allow everyone to engage with the justice system without disparity or disadvantage.

Question 4

Access

Answer 4

A principle of justice which means that all people should be able to engage with the justice system and its processes on an informed basis; that is, they should have the means and ability to be able to use and participate in the legal system.

Question 5

List the characteristics of an effective law

Answer 5

Reflect society’s values, be enforceable, be known, be stable, be clear and understood

Question 6

Parliament

Answer 6

Refers to all members

Question 7

Government

Answer 7

Refers to the elected political party

Question 8

Statute law

Answer 8

A law or act passed by government

Question 9

Royal Assent

Answer 9

A bill must be signed by the Monarch’s representative in order for it to become law. This process is called giving royal assent

Question 10

Common law

Answer 10

Common law is developed by judges on a case by case basis

Question 11

Statatory Interpretation

Question 12

Setting a precedent

Answer 12

When courts decide on an issue that does not have legislation or expand on previous legislation.

Question 13

Ratio decidendi

Answer 13

The court’s reasoning for its decision.

Question 14

Stare decisis

Answer 14

Let the decision stand; decisions are based on precedents from previous cases

Question 15

Binding precedent

Answer 15

Binding precedents must be followed by courts that are lower in the same court hierarchy

A precedent is considered to be binding on a new case when:
- the material facts of the precedent are similar to the material facts of the new case
- the precedent was set in a higher court in the same hierarchy as the court hearing the new case

Question 16

Persuasive precedent

Answer 16

Persuasive precedents do not have to be followed; courts can choose to follow them.

A precedent is persuasive when:
- a court in another state or country set the precedent (as this court is not in the same court hierarchy)
- a lower court set the precedent
the same court set the precedent.

Question 17

What is RODD?

Answer 17

RODD is an acronym explaining the conditions where a judge can develop or avoid earlier precedents

Question 18

What does RODD stand for?

Answer 18

R - Reversing
A precedent can be reversed when the same case is taken to a higher court on appeal.
O - Overruling
A precedent can be overruled by a higher court in a different case.
D - Disapproving
In some instances, a court is bound by a precedent but expresses disagreement with the precedent. The court encouraged Parliament is change the precedent.
D - Distinguishing
If the material facts of a case are sufficiently different from the material facts in a binding precedent, a lower court may not have to follow the precedent.

Question 19

Codification of common law

Answer 19

When parliament passes an Act of Parliament that reinforces a principle established by a court

Question 20

Abrogation of common law

Answer 20

When parliament passes an Act of Parliament that overrides a principle established by a court

Question 21

Ability of courts to influence parliament

Answer 21

Courts can influence changes in the court through the comments made by judges

Question 22

Social cohesion allows for…

Answer 22

• Social justice
• A sense of belonging
• Acceptance
• Political participation
• A sense of worth

Question 23

Describe the role of laws in social cohesion

Answer 23

Laws provided guidelines of acceptable and unacceptable behaviour. They apply to everyone.

Question 24

Describe the role of individuals in social cohesion

Answer 24

It is the responsibility and expectation that individuals are aware of laws, follow laws, respect human rights and assist in legal processes.

Question 25

Describe the role of the legal system in social cohesion

Answer 25

The legal system deals fairly with individuals, applying punishments to maintain social cohesion. They update laws to stay relevant in a changing society.

Question 26

Features of fairness

Answer 26

Impartial processes, open processes, and participation

Question 27

Examples of equality

Answer 27

Extra assistance is given to disadvantaged (Disabled, non English speaking, etc) individuals

Question 28

Examples of access

Answer 28

Information about legal processes is accessible in multiple different languages

Question 29

Describe the court hierarchy

Answer 29

(In order of highest to lowest)
High Court, Supreme Court (Appeal), Supreme Court (Trial), County Court, Magistrates Court

Question 30

Why is there a court hierarchy?

Answer 30

• Specialised in particular area
• Can appeal to higher court
• Efficiency
• Doctrine of precedent

Question 31

Role of the courts

Answer 31

Primary role - To resolve disputes
Secondary role - To make common law