Legal Studies Flashcards
Why do we need laws?
to protect property, life, environment.. prevent discrimination, ensure we have order not chaos, a way of resolving disputes
Define ‘law’
Laws apply to everyone in society. It is made by law making bodies (parliament, courts). Consequences include fines, jail, compensation.
Define ‘rule’
Applies to individuals/groups within a community. Made by people with authority e.g. teachers, parents and enforced by the people who make them.
How are court /common laws made?
When a case becomes before a court that raises new legal issues, the court will need to make a law (precedent) to solve the dispute. Courts lower in the court hierarchy apply the law to similar cases in the future.
How are parliament legsislation/act/statutes/laws made?
Idea for law -> bill introduced to 1st house -> 3 readings (purpose,debated,amended) -> if it passes through 1st house same process applies in 2nd house -> goes to governor or governor general for royal assent
Why are there new laws/changes?
Change in party policy, advancements/changes in society, community issue, media, individual issue, lobby/pressure group, law reform bodies
What is a lobby/pressure group?
People who share common opinion join together to try and persuade government to take action about their cause e.g. green peace
What is a precedent?
The law a judge has to make (in court). The doctrine of the precedent is a principle where judges are supposed to obey the holdings of prior decisions. Their purpose is to have some stability in the common law.
What does local gov. manage?
rubbish disposal, littering, pets, local libraries etc.
What does state gov. manage?
vicroads, state police, primary/secondary education, state gallery, hospitals
What does federal gov. manage?
quarantine, taxes, aged care, border security, centrelink
What is civil law?
Between 2 individuals/organisations (defendant vs. plaintiff) Person who looses the case pays compensation
What is criminal law?
Between the offender (Defendant) and the state (Crown) Ranges of sentences incl. fines, jail
What courts are criminal and civil heard in?
Both courts!!!
