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Legal > Outcome 1A > Flashcards

Outcome 1A Flashcards

1
Q

The Rule of Law

A
  • 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.
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2
Q

The principles of justice: Fairness

A
  • 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.
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3
Q

The principles of justice: Fairness examples

A

Right to remain silent, presumption of innocence, impartial judge

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4
Q

The principles of justice: Equality

A
  • 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
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5
Q

The principles of justice: Equality examples

A

Legal aid, interpreters, anti-discrimination laws

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6
Q

The principles of justice: Access

A
  • 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
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7
Q

The principles of justice: Access examples

A

The use of tribunal, right of appeal, court hierarchy

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8
Q

Legal rules

A
  • 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.
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9
Q

Non legal rules

A
  • 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.
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10
Q

The need for laws

A
  • 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.
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11
Q

Social cohesion

A
  • The willingness of members of society to cooperate with each other in order to survive and prosper.
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12
Q

The roles of laws

A
  • 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.
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13
Q

The roles of individuals

A
  • 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.
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14
Q

The roles of the legal system

A
  • Our legal system is what makes, administers (implements) and enforces laws.
  • Our legal system includes courts, tribunals, government and enforcement bodies (police).
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15
Q

Characteristics of effective law

A

Known to the public, enforceable, stable, clear and understood and reflect society’s values

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16
Q

Characteristics of effective law: Known to the public

A
  • 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.
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17
Q

Characteristics of effective law: Enforceable

A
  • 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.
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18
Q

Characteristics of effective law: Stable

A
  • 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
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19
Q

Characteristics of effective law: Clear and understood

A
  • 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.
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20
Q

Characteristics of effective law: Reflect society’s values

A
  • 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
21
Q

Contempt of court laws

A

Insulting a judge, swearing at a judge or court officer or refusing to answer questions

22
Q

Contempt of court laws - ineffective?

A
  • 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
23
Q

Criminal law: Parties involved

A

Prosecution/accused

24
Q

Criminal law: Action initiated by

A

Prosecution (on society’s behalf)

25
Q

Criminal law: Role of jury

A

For indictable (serious) offences with not guilty pleas, 12 jurors used

26
Q

Criminal law: Aim of action

A

To protect society/punish the accused

27
Q

Criminal law: Burden of proof (who needs to prove it)

A

On the prosecution

28
Q

Criminal law: Standard of proof (to what extent does it need to be proven)

A

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.

29
Q

Criminal law: Finding

A

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.

30
Q

Criminal law: Outcomes

A

Include imprisonment, fine.

31
Q

Civil law: Parties involved

A

Plaintiff/defendant

32
Q

Civil law: Action initiated by

A

Plaintiff (aggrieved party)

33
Q

Civil law: Role of jury

A

Only where requested by either party, jury of 6 used
Proven or not proven
They decide on the damages

34
Q

Civil law: Aim of action

A

To redress any loss incurred

35
Q

Civil law: Burden of proof (who needs to prove it)

A

On the plaintiff

36
Q

Civil law: Standard of proof (to what extent does it need to be proven)

A

On the balance of probabilities. A majority verdict (⅚) is sufficient where unanimous verdict is not reached.

37
Q

Civil law: Finding

A

Find for the plaintiff, find for the defendant, or hung jury (the latter is rare)

38
Q

Civil law: Outcomes

A

Include damages, injunction (court order to stop somebody from doing something)

39
Q

Parliaments in Australia

A

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.

40
Q

Commonwealth Parliament

A

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

41
Q

House of Representatives

A
  • 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.
42
Q

Senate

A
  • 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
43
Q

Victorian Parliament

A
  • 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.
44
Q

Legislative Assembly

A
  • 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.
45
Q

Legislative Council

A
  • Introduce and review bills passed by the Legislative Assembly
  • Bills passed by the Legislative Assembly can be rejected or amended by the Legislative Council
46
Q

Government and opposition

A
  • 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.
47
Q

The courts

A
  • 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.
48
Q

The principles of justice

A

Fairness, equality, access

Legal (9 decks)

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