Legal SAC 1

Question 1

What are the five aspects of an effective law?

Answer 1

1. Reflect society’s values
2. Be known
3. Be clear and understood
4. Be enforceable
5. Be stable

VESCK (Values, enforceable, stable, clear, known)

Question 2

Define social cohesion

Answer 2

Socially cohesive society: laws are followed, functioning and productive society, rights of individuals protected

Question 3

What is statutory interpretation?

Question 4

What does ‘ratio decidendi’ mean?

Answer 4

It describes the reason for a decision

Question 5

Describe the role of the legal system in achieving social cohesion

Answer 5

Apply and enforce the law
Protect and respect the rights of individuals
Settle disputes in a positive way (courts, tribunals)

Question 6

Describe the role of the law in achieving social cohesion

Answer 6

Set boundaries and expectations on behaviour
Protect the rights of individuals (discrimination, etc.)
Outline resolutions and consequences to conflicts

Question 7

Describe the role of individuals in achieving social cohesion

Answer 7

Responsible for knowing and abiding by laws
Learning other laws that affect them (business, maritime, etc.)
Respect human rights
Assisting investigations

Question 8

What does ‘stare decisis’ mean?

Answer 8

It describes standing by what has been decided (notably in the case of precedent)

Question 9

What is the term that describes the reason for a decision?

Answer 9

Ratio decidendi

Question 10

What is the term that describes standing by what has been decided (notably in the case of precedent)

Answer 10

Stare decisis

Question 11

PASTA (and its purpose)

Answer 11

Precedent
Appeals
Specialisation
Time and money
Administrative convenience

These are all reasons for the existence of the Victorian Court hierarchy

Question 12

To distinguish precedent

Answer 12

Where a judge shows that there are significant differences between the facts in the case before the court and the facts of the precedent setting case

Question 13

To overrule precedent (and what happens when this is done)

Answer 13

Higher court overrules lower court’s precedent, new precedent created

Question 14

To reverse precedent (and what happens when this is done)

Answer 14

Higher court reverses precedent established after appeal, appellate court created new precedent

Question 15

To disapprove precedent

Answer 15

Where courts on the same level (since they are not bound by their own decisions), can disapprove of the precedent set earlier, create a new one, and both will remain until a higher court sets a binding precedent. Sometimes courts are bound by a precedent but can still disapprove and this may affect future decisions and new precedent made higher in the court hierarchy.

Question 16

Describe two sources of law

Answer 16

Common law, no existing statute or statute interpreted, precedent and statutory interpretation

Statute law, bill passed through both houses, royal assent

Question 17

Distinguish between binding and persuasive precedent

Answer 17

Binding: higher court in same hierarchy, material facts are similar

Persuasuve: all other cases, may be taken into account (diff. hierarchy, lower or equal court)

Question 18

Define obiter dictum

Answer 18

Meaning “by the way”, a comment made by a judge that only exists to possibly persuade future cases, and does not form the reasoning of a decision.

Question 19

List and describe four main features of the relationship between the parliament and courts

Answer 19

Statutory interpretation: courts interpret statute, create precedent
Codification: statute passed to solidify principle made through common law
Abrogation: statute passed to specifically abolish common law principle (parliament doesn’t agree, court interpreted statute wrong)
Ability of courts to influence parliament: indicate in judgement that they believe a law should be changed (don’t want to change it themselves, parliament are in a better position to do so, etc.)