legal sac revision (ch 3) Flashcards
social cohesion definition
the willingness of members of a society to cooperate with each other in order to survive and prosper.
what are the characteristics of a law
must reflect society’s values, be enforceable, be known, be clear and understood and be stable
what do the characteristics of a law mean
reflect society’s values - must be in line with current values in society, makes society more inclined to follow it, example: use of plastic straws.
be enforceable - must be possible for people to be caught, people may be less inclined to follow if not.
be known - the public must know about the law, law-makers must keep the public informed, media can report on changes.
be clear and understood - must be written in a way people can understand, if people dont understand a law they wont follow it.
be stable - laws shouldnt be constantly changing, if they constantly change people may be uncertain about what the law is.
how can social cohesion be achieved
through ways such as:
Inclusive Education – Teach shared values like respect, tolerance, and civic responsibility from an early age.
Equal Opportunities – Reduce economic disparities by ensuring fair access to jobs, healthcare, and housing.
Community Engagement – Encourage volunteering, local events, and intergroup dialogues to strengthen connections.
Fair Governance – A just legal system and transparent leadership help build trust in institutions.
what is common law
refers to judge-made law developed through court decisions rather than laws passed by Parliament
what is statute law
written law made by Parliament at the federal, state, and territory levels
what is the difference between statute and common law
one is made in court and is created by judges based on precedents (previous cases). the other is made by parliament and is referred to as a legislation, an Act of Parliament or a statute, and is made at a federal level, therefore it affects the whole country and everyone must follow it.
what are the relationships between parliament and the courts?
statutory interpretation, codification, abrogation and ability of courts to influence parliament
what does each of the relationships between the courts and parliament mean
statutory interpretation - the process by which judges give meaning to the words or phrases in an act of parliament so it can be applied to resolve an issue presented before the court.
codification - to collect all law on one topic together in a single statute. to codify a precedent, parliament passes an act of parliament that reinforces a principal established by the courts. basically, parliament makes a common law into a statue law.
abrogation - to abolish or cancel a law. parliament can change or override (abrogate) common law, which it does by passing an act of parliament that specifically abolishes the particular common law principal.
courts to influence parliament - courts can influence changes in laws made by parliament through the comments judges make during court cases.
what are the three principals of justice
fairness, equality and access
what do the three principals of justice mean
fairness - all people can participate in the justice system, and its process is impartial and open. allows for scrutiny and transparency. justice has to be seen to be done. opportunity to know the facts that are raised against them. opportunity to defend the case. use of a lawyer. no unreasonable delay.
equality - all people engaging with the justice system and its processes should be treated in the same way. adequate measures should be implemented to allow everyone to engage in the justice system without disparity or disadvantage. no adjustments or changes. assistance given to self-represented people.
access - all people should be able to engage with the justice, and its processes on an informed basis. they should have the means and ability to participate in the justice system. engagement: physical, technological, ability to afford it, no delays.
informed basis: education, information, legal services, legal representation.
what is a criminal law
an area of law that defines behaviours and conduct that are prohibited.
what is civil law
an area of law that defines the rights and responsibilities of individuals, groups and organisations and regulates private disputes.
what is the difference between civil and criminal law
one difference is the parties involved, in a criminal case it includes the defendant (accused) who is the person (s) accused of committing the crime, and the prosecution who represents the state/law and has the responsibility of proving guilt beyond a reasonable doubt. however, in a civil case there is the defendant who is the party being sued, and the plantiff who is then party who brought the case to court and has the burden of proof to prove that the defendant infringed on their rights.
who are the parties in a civil case
defendant and plantiff - plantiff is the party/person who initiates the case by bringing a claim against the defendant. defendant is the party being sued by the plantiff.
who are the parties in a criminal case
defendant and prosecution - the prosecution is the party working for the state and they’re in charge of proving guilt beyond a reasonable doubt, they have to prove that the accused or defendant is guilty. the defendant is a person (s) accused of a crime and they are prosecuted by the prosecution.
what is ratio decidendi
a latin term meaning “the reason” - the legal reasoning behind a judge’s decision, and it forms the binding part of a precedent.
what is government
the group of elected representatives who run the country, state or territory
what is legislation
the laws that are made by parliament.
what is statutory interpretation
the process by which judges give meaning to the words or phrases in an Act of Parliament. they give their interpretation of a law/statute in order to process/make a decision during a court case.
what is codification
it means to collect all law on one topic together into one single statute.
how does the law help aid social cohesion
through laws such as:
Equality & Anti-Discrimination Laws (racial discrimination act, disability, sex) - These laws ensure all people, regardless of race, gender, or ability, have equal access to opportunities.
also through ensuring that everyone presented before the justice system or who participates in it is equal before the law. also through equity, giving those who need it some extra assistance in order to achieve social equality as even those who are disadvantaged are given benefits to assist them.
Laws against theft, violence, and fraud help maintain order and public trust.
Police and courts enforce these laws to create a safe and predictable society.
Laws guarantee free and fair elections, ensuring diverse voices are heard and reducing political instability.
how does the court hierarchy aid appeals?
If a party believes there was a legal error, they can appeal to a higher court for review.
This ensures fairness and prevents wrongful convictions or unfair rulings, as it can be reviewed by multiple courts of different levels in the hierarchy.
for example: Suppose a person is convicted of a serious crime (e.g., murder) in the Supreme Court of Victoria. The defendant believes there was a legal error in the trial, such as misdirection by the judge or improper admission of evidence. the defendant appeals the case to the supreme court of appeal. The Court of Appeal reviews whether legal errors occurred and may uphold the conviction, overturn it, or order a retrial. if the defendant is still dissatisfied they can take the case to the high court.
why is parliament the supreme lawmaker
parliament is the supreme lawmaker as they consist of the king, senate and the house of representatives. the house of representatives being votes for by australians to lead the country and make federal laws.
why is the vic hierarchy necessary
The Victorian court hierarchy is necessary for efficiency, consistency, and fairness in the legal system. It ensures that cases are handled appropriately based on their complexity, seriousness, and importance.
