Term 1 - The legal system

Question 1

Why do we need rules in a society?

Answer 1

Societies need rules and laws to maintain social cohesion. Order and protection are needed in a community.

Question 2

Rules

Answer 2

Regulations providing guidelines on appropriate behaviour of a certain group under certain limited conditions

Question 3

Customs

Answer 3

Actions or processes developed through longstanding traditions

Question 4

Values

Answer 4

Qualities considered worthwhile or desirable within a society

Question 5

Laws

Answer 5

A set of rules imposed on all members of a community, which are recognised, binding and enforceable by persons or organisations such as the police and/or courts. Laws apply to all people and have legal consequences if broken.

Question 6

Morals

Answer 6

An understanding of what is fundamentally right and wrong

Question 7

Ethics

Answer 7

Standards of right and wrong behaviour, usually within a profession or public office.

Question 8

similarities of rules and laws

Answer 8

• Create order
• Fair for everyone
• Keep people safe

Question 9

Differences between rules & laws

Answer 9

Rules:
- Made by people in charge of the environment in which they apply
- Easily changed
-Less serious consequences if broken

Laws:
- Created and enforced by government
- Applies to all citizens
- Serious consequences if broken

Question 10

What is the ‘sovereign power?’

Answer 10

The person or institution that has the authority to make laws. (eg. In democratic countries such as Australia, the sovereign power is Parliament).

Question 11

Common Law

Answer 11

Common law is a system which allows for laws to also be made by judges when there is a lack of statute law. (Australia has the legal system of common law)

Question 12

Who does the law apply to?

Answer 12

The law applies to everyone. Regardless of a person’s position, wealth or power, they must comply with the law.

Question 13

consequences of breeches of laws

Answer 13

Those who breech laws often face sanctions, such as fines, and community service orders, or in most serious cases, imprisonment.

Question 14

Sanction

Answer 14

a penalty imposed on those who break the law, usually in the form of a fine or punishment

Question 15

What does it mean by the law is ‘universal?’

Answer 15

This means that they apply all the time, and to everyone.

Question 16

How are rules recorded?

Answer 16

Rules are recorded either in written form or through the use of symbols, such as ‘no smoking’ symbol.

Question 17

statute Laws

Answer 17

Laws made by Parliaments

Question 18

Jurisdiction

Answer 18

Geographical area or legal boundaries the power of an authority is limited to

Question 19

Bill

Answer 19

A proposed law / being made by parliament

Question 20

Justice

Answer 20

The concept that people should be punished for their actions in a way that is proportionate to the wrong they have committed based on society’s ethics and values.

Question 21

What makes a law just?

Answer 21

Laws that allow everyone to receive fair treatment and outcomes, while also ensuring the human rights are recognised and respected.

Question 22

What is represented by each of Lady Justice’s symbols?

Answer 22

• Blindfold: not bias, impartial
• The scales: fair, all sides considered
  The sword: enforced, punish, authority

Question 23

Characteristics of just laws:

Answer 23

• Current: Laws cannot apply retrospectively. (i.e. they can’t apply to stuff that happened before they were created)
• Accepted: Laws must be accepted by society (and in line with society’s ethics and values) to be effective.
• Known: Individuals should only be subject to laws that they know about. (eg. through a government website)
• Enforced: Laws aren’t effective unless they are enforced by police and courts.
• Same: The law must treat everyone equally (should not discriminate; everyone should have equal access to the law)

Question 24

How does the law ensure it is just?

Answer 24

• Equality
• Fairness
• Access

Question 25

Equality

Answer 25

Everyone should have equal access to the law, and the law should treat everyone equally

Question 26

Fairness

Answer 26

The law is applied impartially without bias, prejudice or discrimination.

Question 27

Access

Answer 27

The law should be financially, physically and psychologically accessible for everyone

Question 28

Precedent

Answer 28

Laws made by the a judge, which all courts must follow, unless over ruled by the high court

Question 29

Acquittal

Answer 29

When murder is dismissed; no longer found guilty

Question 30

Rule of law

Answer 30

System where no one is above the law (including those who make the law)

Question 31

Separation of powers

Answer 31

the separation of powers divides the institutions of government into three branches: legislative, executive and judicial

Question 32

Legislature

Answer 32

Those who make the law - parliaments, including the upper & lower houses and all members from the government. Involved in the legislative process of. making statute laws

Question 33

Executive

Answer 33

The senior executive members of the government & the governor-general who are responsible for the application and implementation of the law

Question 34

Judiciary

Answer 34

The courts and their personnel (Judges & Magistrates). They interpret the law to determine if or when the law is broken

Question 35

Warrant

Answer 35

Often police need to first ask the judiciary for a warrant to arrest a person. The same is required for searching property.

Question 36

How are the executive arms of government supervised by courts or other tribunals?

Answer 36

The judiciary (courts & tribunals) can dismiss unconstitutional laws. They are able to overrule a Prime Minister of Minister's decisions if they find the person has made a decision that is beyond their legal authority.

Question 37

What will happen if a politician threatens the separation of powers?

Answer 37

The court can punish the politician for contempt of court: (they can imprison a government minister for just making a comment)