Legal Studies - Explain

Question 1

Explain the purpose of laws within society

Answer 1

Laws support society to function effectively and create structure. It reflects society’s beliefs, morals and values. They compensate people who were wronged by others.

Question 2

Difference between a rule and a law

Answer 2

A law apply’s to all members in a society, while rules only apply to a specific group of people.

Question 3

Concepts of just and equitable outcomes

Answer 3

Concepts are…
-Outcome legally correct?
-Law acceptable to the community?
-Law able to be enforced?
-Law applied equally to all?

Question 4

Characteristics of an effective law

Answer 4

Law should be clearly known and certain to the public, acceptable to community, law should be prospective (take effect in the future), and apply equally to all.

Question 5

Explain the relationship between common and statute law

Answer 5

They work together to form the legal system, statute law overrides common law.

Question 6

Legal criteria when making a recommendation

Answer 6

• Equality
• Access
• Effectiveness
• Consistency with rule of law
• Protecting rights
• Public interests

Question 7

Meaning of the Process of statutory interpretation

Answer 7

Process by which courts interpret and apply legislation. They may modify the literal meaning to avoid absurd outcomes.

Question 8

Role of courts

Answer 8

To apply laws, and interpret statutes. While ensuring justice

Question 9

What does it mean to Explain?

Answer 9

Taking it a step further than describing, why/how, important and cause