Outcome 1A Flashcards
The Rule of Law
- The law applies to everyone equally.
- Each member of society and every organisation are subjected to the same laws.
- Those who make the laws are equally obligated to follow those laws.
The principles of justice: Fairness
- Everyone has the right to a lawful hearing and procedural fairness.
- Hearings and trials should be impartial and without favouritism.
- Fairness does not mean everyone is treated equally.
The principles of justice: Fairness examples
Right to remain silent, presumption of innocence, impartial judge
The principles of justice: Equality
- People should be equal before the law with an equal opportunity to present their case.
- People should be treated equally without discrimination
- No person should be at an advantage or disadvantage because of a personal characteristic
The principles of justice: Equality examples
Legal aid, interpreters, anti-discrimination laws
The principles of justice: Access
- The legal system or organisations that offer legal information or assistance must be accessible to everyone
- It involves knowing one’s rights.
- All citizens must be able to afford access to the legal system so that they can pursue their case.
- People must be aware of their right to take a dispute to a resolution body, and have access
The principles of justice: Access examples
The use of tribunal, right of appeal, court hierarchy
Legal rules
- Made by official bodies and apply to all members of society.
- The consequences of breaking legal rules are enforced by official bodies such as courts.
- Known as laws.
Non legal rules
- Made by specific individuals in charge of a group of individuals, specific club or association.
- Consequences of breaking non legal rules only apply to the members of that specific group.
The need for laws
- Without laws there would be no boundaries for what is considered acceptable behavior
- Laws protect society by preventing conflict as they outline how conflict will be resolved, promoting social cohesion.
Social cohesion
- The willingness of members of society to cooperate with each other in order to survive and prosper.
The roles of laws
- Laws establish a framework in which people live, set boundaries for behaviour, and allow individuals to make choices about how they live.
- Laws protect the rights of individuals by establishing those rights and outlining what happens if they are infringed.
The roles of individuals
- Individuals need to be responsible for being aware of laws and that they obey them.
- Individuals are expected to respect human rights and should assist police in investigations, report crime, and use the legal system to resolve disputes.
The roles of the legal system
- Our legal system is what makes, administers (implements) and enforces laws.
- Our legal system includes courts, tribunals, government and enforcement bodies (police).
Characteristics of effective law
Known to the public, enforceable, stable, clear and understood and reflect society’s values
Characteristics of effective law: Known to the public
- Lawmakers need to keep the public informed so individuals know how to follow it.
- Individuals bear the responsibility of knowing the law and ignorance of the law is not an excuse.
- New laws are reported in the media, broadcasted on television etc.
Characteristics of effective law: Enforceable
- If the law cannot be enforced then people will not follow it.
- If individuals break the law, they must be punished, made to follow the law or made to pay for any damage caused by disobeying the law.
- The law in Australia is enforced by the courts, various governmental bodies and the police.
Characteristics of effective law: Stable
- If the law changes constantly there would be uncertainty leading to chaos.
- Members of the community need to be confident that the law can be relied upon.
- Law making bodies should try to predict changes to the law that may occur in the future
Characteristics of effective law: Clear and understood
- People need to understand the law and its intent.
- Any words or terms in legislation that are unclear may need to be interpreted by courts.
- Law makers must create laws that cover all circumstances while being understandable.
Characteristics of effective law: Reflect society’s values
- Our laws should identify and reinforce the social, moral, economic, religious and political values of the community.
- When making or changing the law, law makers need to ensure that the law reflects the values of a majority of the community
Contempt of court laws
Insulting a judge, swearing at a judge or court officer or refusing to answer questions
Contempt of court laws - ineffective?
- Ambiguous
- It is up to each judge to determine whether the behaviour amounts to contempt of court.
- Some judges give warnings whereas other judges do not
- This creates an inconsistency in how the laws are applied
Criminal law: Parties involved
Prosecution/accused
Criminal law: Action initiated by
Prosecution (on society’s behalf)
Criminal law: Role of jury
For indictable (serious) offences with not guilty pleas, 12 jurors used
Criminal law: Aim of action
To protect society/punish the accused
Criminal law: Burden of proof (who needs to prove it)
On the prosecution
Criminal law: Standard of proof (to what extent does it need to be proven)
Beyond reasonable doubt. A unanimous verdict (12/12) in homicide cases is required. In other cases, a majority of verdict of (11/1) is accepted.
Criminal law: Finding
Beyond reasonable doubt. A unanimous verdict (12/12) in homicide cases is required. In other cases, a majority of verdict of (11/1) is accepted.
Criminal law: Outcomes
Include imprisonment, fine.
Civil law: Parties involved
Plaintiff/defendant
Civil law: Action initiated by
Plaintiff (aggrieved party)
Civil law: Role of jury
Only where requested by either party, jury of 6 used
Proven or not proven
They decide on the damages
Civil law: Aim of action
To redress any loss incurred
Civil law: Burden of proof (who needs to prove it)
On the plaintiff
Civil law: Standard of proof (to what extent does it need to be proven)
On the balance of probabilities. A majority verdict (⅚) is sufficient where unanimous verdict is not reached.
Civil law: Finding
Find for the plaintiff, find for the defendant, or hung jury (the latter is rare)
Civil law: Outcomes
Include damages, injunction (court order to stop somebody from doing something)
Parliaments in Australia
1 Commonwealth Parliament - Federal Parliament
6 State Parliaments - NSW, VIC, QLD, WA, SA
2 Territory Parliaments - ACT, NT
- Houses of parliament consist of elected members or representatives known as parliamentarians or members of parliament (MPs).
- The role of the parliament is to make the law.
Commonwealth Parliament
Also called Parliament of Australia or Federal Parliament
Bicameral Parliament - 2 houses (upper and lower)
The Queen/ The Crown represented by the Governor-General - head
The Senate - upper house
The House of Representatives - lower house
Role is to pass laws for the good environment of Australia in its area of law making powers
House of Representatives
- Represent the people, introduce and pass proposed laws (bills), review bills passed by the Senate and form the Australian Government.
- The political party with the majority of members in the lower house forms the government for the whole of Australia.
Senate
- Represents the interests of the states and territory of Australia, introduce and pass bills, and review bills passed by the House of Representatives.
- Often called the house of review
Victorian Parliament
- The Queen/The Crown represented by the Governor of Victoria - head
- The Legislative Council (upper house)
The Legislative Assembly (lower house)
Pass laws for the good environment of Victoria in its area of law-making powers.
Legislative Assembly
- Introduce and pass bills and to form the Victorian Government.
- Consist of members of the political party that has the majority of members in the lower house
- Reviews bills passed by the Legislative Council.
Legislative Council
- Introduce and review bills passed by the Legislative Assembly
- Bills passed by the Legislative Assembly can be rejected or amended by the Legislative Council
Government and opposition
- Government is the political party that has the majority of seats in the lower house and administers or implements the laws made by the parliament
- The next largest party forms the opposition which challenge the government on policy matters.
- The opposition appoints some of its parliamentarians as shadow ministers.
- Cabinet ministers are senior members of their party chosen by the Prime Minister and premier of Victoria to be responsible for areas of government.
The courts
- Resolve the disputes and cases brought before them
- The courts are independent of the parliament
- Upholds the rule of law and ensures fairness in deciding cases.
The principles of justice
Fairness, equality, access
