legal sac unti 1 AOS 1 Flashcards

1
Q

what is social cohesion?

A

a term used to describe the willingness of members of a society to cooperate with each other in order to survive and prosper

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2
Q

what is the role of laws?

A

the role of law helps to create order and ensure fairness in society, that is fundamental to a social cohesion

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3
Q

what is the role of individuals?

A

the role of individuals are to abdie and be aware of laws as well as individuals being expected to respect human rights

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4
Q

5 core areas of social cohesion are?

A
  1. a sense of belonging
  2. a sense of worth
  3. social justice and equality
  4. political participation
  5. accpetance or rejection
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5
Q

what is parliment?

A

a formally assembled group made up of representatives of the people who are elected by the people

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6
Q

what is common wealth parliment?

A

relates to the whole of australia, examples including: defence, currency and immigration

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7
Q

what is fairness?

A

all people can participate in the justice system and its processes should be important and open

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8
Q

what is equality?

A

all people engaging with the justice system and its processes should be treated in the same way;

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9
Q

what is access?

A

all people should be able to engage with the justice system and its processes on and informed bias

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10
Q

what are the two different concepts of equality?

A

same treatment ( formal equality) refers to the ‘one size fits all’ and how everyone in treated the same with no acceptions

different treatment ( substantive equality) refers to how sometimes the ‘one size fits all’ approach does not work and others may need more attention dependent on their state

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11
Q

reflecting societys values ( Recks)

A

must be able to change when metting changing demands of soceity values. citezens are more incline to obey

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12
Q

must be Enforcable (rEcks)

A

less enforcable = less followed, if someone breaches law it is possible to bring them to justice

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13
Q

must be Clear and understood ( reCks)

A

cant be followed if not understood

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14
Q

must be Known by the public ( recKs)

A

if the public doesn’t know the law it cant be followed. keep public informed

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15
Q

must be Stable ( reckS )

A

cannot change to the point of confusion. stability allows for certainty

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16
Q

commowealth includes…

A
  • the king ( the crown by governor - general )
  • senate ( aka lower house, house of review )
  • reviews bills
  • house of representatives ( aka lower house, peoples house )
17
Q

victorian parliment includes…

A
  • the king ( the crown by governor - general )
  • legislative council ( aka upper house )
  • reviews bills passed by LC, introduces and passes bills
  • legislative assembly ( aka lower house )
  • represents people, introduces and passes bills, reviews senate
18
Q

what is the victorian court heirachy, from lowest to highest?

A

magistrates court of victoria
county court of victoria
supreme court ( trial division )
supreme court of appeal
high court of austrlia ( federal )

19
Q

what is statatue law?

A

is an act of parliment

20
Q

what is binding precedent?

A

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

21
Q

what is persuasive precedent?

A

not binding on courts. it is influential on their decisions

22
Q

what is a bicamercal parliment?

A

a parliment with 2 houses

23
Q

how are bills passed?

A
  1. the bill is introduced in the first house
  2. bill is reviewed in thw second house
  3. crown must give royal consent
24
Q

what is assent?

A

formal signing of a bill to become a law

25
Q

what is statuory interperation?

A

parliments create statues, courts apply them to cases before them. courts interperate meaning of statute forms precedent

26
Q

what is abrogation?

A

parliment abolishes precedent by passing new legislation. to cancel or abolish a court

27
Q

what is codification?

A

to collect all laws on one topic together into a single statute

28
Q

what is criminal law? what words help identify a case is a criminal law?

A

an area of law that defines behaviors and conduct that are prohibited. i.e crimes. words such as prosecution, charged, police involved, and the accused.

29
Q

what is civil law? what words help identify a case is a civil law?

A

an area of law that defines the rights and responsibilities of individuals, groups and organisations in society and regulates private disputes. words such as defendent, plaitiff, money invloved, sue.

30
Q

developing or avoiding precedent? RODD

A

Reversing
Overruling
Distinguishing
Disapproving

31
Q

remember precedent? PROBS

A

Persuasive precdent
Ratio decidendi
Obiter dictum
Binding precedent
Stare decisis