SAC 1 Flashcards
what are the principles of justice
fairness, equality, access
what is fairness? what are some synonyms?
all people can participate in the justice system and its processes are impartial and open - impartial= non bias and open= scrutiny and transparency
what is equality? what are some synonyms?
everyone is treated the same and if disadvantaged adequate measures are used- same treatment is formal equality different treatment is sustentative equality
what is access? give some examples
everyone can use the legal system on an informed basis e.g. physical barriers, language barriers, education, disability, money
what are the characteristics of a good law
reflects values, enforceable, known, clear and understandable, stable
reflects society’s values and example
a law should be in line with society’s values so members are inclined to follow e.g. gay marriage laws
enforceable and example
a law that is punishable in practise and theory. police should be able to catch the people in the act and charge them e.g. jay walking
known and example
the public is aware of the laws that impact their everyday lives. law makers job to make public aware of new laws e.g. wedding law
clear and understandable and example
by written so public can understand and the reason is made clear. if it does not make sense people are less likely to follow it e.g. queensland abortion laws
stable definition
laws must not be subject to frequent change it creates confusion as it is not consistent
what is the Victorian court hierarchy
high court, supreme court appeals, supreme court trials, country court, magistrates court
what are the reasons for court hierarchy
specialization, appeals, precedent, admin convenience
what is speacialsation
when courts only hear cases in their jurisdiction making the experts in their area/field
what is appeals (hierarchy)
individuals who aren’t happy with their outcome can take it to a higher court. providing fairness and allowing for mistakes to be corrected
what is precedent (hierarchy)
lower courts are bound by precedent ensuring legal principles are consistent and equally applied
what is admin convenience
minor cases settled in spatialized courts helps settle issues quickly minimizing waiting time behind complex cases. allows for efficiency ad convenience in the way they are heard
what does the high courts role
the high-court controls all other courts and final appeals
what is the supreme appeals role
manages appeals from lower courts
what is the supreme trials role
manages murder trials
what is county courts role
county court manages all other crimes apart from summary offences
what is the magistrates courts role
magange summary offences
what is the relationships between courts and parliment
the ability to influence, interpretation of statutes, codification, abrogation,
what is the courts ability to influence change
courts decision making that alert parliment to a need of change or lenient sentencing an example of this is one punch laws
what is the interpretation of statutes by courts
when courts apply the law they must make decisions about the meaning of the laws which become precedents. there are guidelines for how courts interpret law. and example is the studded belt case in mcdonalds
what is the codification of a law
codification is when parliament confirm a law made by the courts by passing an act that reinforces the principles of the precedent and example of this is mabo
what is the abrogation of common law
when parliament changes or overrides a precendent made by courts because they have interpreted the law in a way which was not intended and doesn’t reflect societal values. trigwells case when parliament established the wrongs act
what are the branches of parliment
the king, the house of reps, the senate
what are the branches of victorian parliament
kings rep, legislatove assembaly, legiaslative coucil
what is criminal law
law that protects the community by establishing crime and penalities
who are the parties in a criminal trial
the accused and the prosecution
what is the burden of proof and what is the standard of proof
bp- the prosecutions responsibility to prove opposings guilt sp - innocent until proven guilty
what is the outcome and consequences of a criminal trial
outcome- guilty or not guilty concequences- sanctions e.g. prison or fines
what is civil law
law that regulates disputed between individuals and groups to enforce rights and remedy harm
who are the parties in civil law
the plantiff- legal claim and the defendant- being sued
what is the outcome oand the consequences of a civil trial
rectify wrongs and remedies- damgages injunction
what is the burden and standard of proof in a civil trial
on the edge of possibility
what are some examples of criminal law
murder, assault,
what are some examples of civil law
negligence, defamation, breach of confidence, property damage
what are the steps to parliament making a law
first reading, second reading, third reading and royal assent
what is the first reading
during the first reading a bill is introduced to the lower house (house of representative)
what is the second reading
the bill is then reintroduced and members of the house are given a two week break, they then ocme back an d debate and consider each clause
what is the third reading
the third reading is when the bill is read for the final time and voted on
what is royal assent
royal assent is when a bill has gone through all other steps of law making nd is sent to the governor for the king approval
social cohesion
creates an environment where eveyone feels safe and prevents major crimes ( functioning and productive society where everyones rights are protected)
protecting individual
laws can slow down the rates of crime and criminal behaviour especially through the promise of punishment or consequence which leads to safer communities and individuals
the role of inividuals
it is expected that individuals understand the laws that impact them and they follow all laws. they are also expectedto help police in investigations
what is a crime
when someone commits an action that breaks an existing law, that is harmful to society and is punishable by law
