Legal Studies AOS1 SAC Prep

Question 1

Social cohesion and rights

Answer 1

the role of individuals, laws and the legal system in achieving social cohesion and protecting the rights of individuals.

Question 2

The role of laws

Answer 2

Laws:
* provide guidelines on what behaviour is and is not acceptable
* establish a framework in which people live, set boundaries for behaviour, and allow individuals to make
choices about how they live
* protect the rights of individuals by establishing those rights and outlining what happens if they are
infringed.

Question 3

The role of individuals

Answer 3

Individuals:
* are responsible for making sure that they are aware of the laws and obey them
* are expected to respect human rights
* should assist the police with their investigations, report crime, and use the legal system to resolve
disputes.

Question 4

The role of the legal system

Answer 4

The legal system:
* is a set of methods and institutions that make, administer (implement) and enforce laws
* includes courts, tribunals, and enforcement bodies (e.g.Victoria Police)
* is responsible for applying and enforcing the law.

Question 5

The principles of Justice

Answer 5

the principles of justice: fairness, equality and access

Question 6

Fairness

Answer 6

Fairness means that:
* all people can participate in the justice system, and its processes should be impartial and open
* all personnel involved in the legal system must be (and be perceived to be) impartial, independent and
free from bias
* legal processes must be transparent
* people should be aware of the case against them, and have the opportunity to present their case
in court.

Question 7

Equality

Answer 7

Equality means that:
* all people engaging with the justice system and its processes should be treated in the same way; if the
same treatment creates disparity or disadvantage, adequate measures should be implemented to
allow all to engage with the justice system without disparity or disadvantage
* Formal equality: people should be treated the same regardless of their personal characteristics or
attributes (e.g. race, sex, religion and culture)
* Substantive equality: sometimes it is necessary to treat someone differently to ensure equality (eg
providing measures to make sure a person can understand court processes).

Question 8

Access

Answer 8

Access means that:
* all people should be able to engage with the justice system and its processes on an informed basis,
and should have the means and ability to be able to use and participate in the legal system
* people should have access to the institutions that make decisions, and the bodies that provide legal
advice, education and assistance
* people should be educated about, and have access to information about, their rights and court
processes.