sac Flashcards
Social cohesion
“a socially cohesive society is one which works towards the wellbeing of all its
members, fights exclusion and marginalisation, creates a sense of belonging,
promotes trust and offers its members the opportunity of upward mobility.”
Codification
Codification of common law The codification of common law is the
classifying, restating and incorporation of common law into
legislation. This occurs when parliament agrees with a principle of
common law established by judges from a particular case and creates
legislation to enshrine the legal principle so that it becomes statute
law. This legislation usually clarifies the operation of the law for
the future, beyond the parties to the dispute in which the common law
principle was developed.
Abrogation of law is the opposite, when Parliament does not agree.
Common Law
Decisions of superior courts that are legally binding on future decisions of all courts, and therefore, are a part of our laws
Statue Law
The laws that are passed through both houses of parliament and become Acts (also called ‘legislation’) .
Civil law
The system of law concerned with private relations between members of a community rather than criminal, military, or religious affairs.
Criminal law
The system of law concerned withthe punishment of offenders.
Parliamentary supremacy
Parliament is made up of members elected by the people, it is supremely powerful It can override its own previous laws and common law made by courts
Burden of proof
the party who is responsible for meeting the standard of proof or proving the facts of the case. In a criminal case this is the prosecution (the state), in a civil case this is the plaintiff (the party seeking remedy).
Standard of proof
the strength of evidence or level of confidence required for the decision maker to reach a verdict in a case. In a criminal case the standard of proof for a person to be guilty is beyond reasonable doubt. In a civil case this is balance of probabilities.
Common law vs. statute law?
Statute law always prevails over common law if there is a conflict. The common law relies on the principle of precedent from judges. This means that courts are to be guided by previous decisions of courts, particularly courts that have higher authority.
How can laws be effective?
Laws must reflect society’s values
Laws must be enforceable
Laws must be known
Laws must be clear and understood
Laws must be stable
Parliament influencing the courts?
The fundamental purpose of Parliament is to make law and, by extension, ensure that is enforced
and legislation is applied to real-world situations. (By courts).
- Parliament establish courts/ hand out jurisdiction to different courts.
- Courts apply statute law
Courts influencing parliament?
Courts can influence changes in the law by parliament through their comments made during court cases. Parliament can also be influenced to change the law if a court is bound by previous precedent and makes a decision that creates an injustice.
Principles of justice?
The fundamental or basic ideas and values that try to promote just treatment and outcomes in our legal system.
-Fairness
-Equality
-Access
Why court hierarchy exists?
The fundamental reasons why we have a court hierarchy is to ensure that we are making best use of court resources, to allow for the operation of the doctrine of precedent and to facilitate the appeals process. By giving different jurisdictions to different courts
