legal sac unti 1 AOS 1

Question 1

what is social cohesion?

Answer 1

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

Question 2

what is the role of laws?

Answer 2

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

Question 3

what is the role of individuals?

Answer 3

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

Question 4

5 core areas of social cohesion are?

Answer 4

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

Question 5

what is parliment?

Answer 5

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

Question 6

what is common wealth parliment?

Answer 6

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

Question 7

what is fairness?

Answer 7

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

Question 8

what is equality?

Answer 8

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

Question 9

what is access?

Answer 9

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

Question 10

what are the two different concepts of equality?

Answer 10

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

Question 11

reflecting societys values ( Recks)

Answer 11

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

Question 12

must be Enforcable (rEcks)

Answer 12

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

Question 13

must be Clear and understood ( reCks)

Answer 13

cant be followed if not understood

Question 14

must be Known by the public ( recKs)

Answer 14

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

Question 15

must be Stable ( reckS )

Answer 15

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

Question 16

commowealth includes…

Answer 16

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

Question 17

victorian parliment includes…

Answer 17

• 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

Question 18

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

Answer 18

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

Question 19

what is statatue law?

Answer 19

is an act of parliment

Question 20

what is binding precedent?

Answer 20

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

Question 21

what is persuasive precedent?

Answer 21

not binding on courts. it is influential on their decisions

Question 22

what is a bicamercal parliment?

Answer 22

a parliment with 2 houses

Question 23

how are bills passed?

Answer 23

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

Question 24

what is assent?

Answer 24

formal signing of a bill to become a law

Question 25

what is statuory interperation?

Answer 25

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

Question 26

what is abrogation?

Answer 26

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

Question 27

what is codification?

Answer 27

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

Question 28

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

Answer 28

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.

Question 29

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

Answer 29

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.

Question 30

developing or avoiding precedent? RODD

Answer 30

Reversing
Overruling
Distinguishing
Disapproving

Question 31

remember precedent? PROBS

Answer 31

Persuasive precdent
Ratio decidendi
Obiter dictum
Binding precedent
Stare decisis