The role of the courts, individuals and justice system

Question 1

Define social cohesion

(describe the willingness of members)

Answer 1

A term used to describe the willingness of members of a society to cooperate with each other in order to survive and prosper.

Question 2

know two ways individuals help achieve social cohesion

obey the law) (resolve their disputes

Answer 2

• Responsibility of everyone to obey the law

- Using the legal system to resolve their disputes

Question 3

the principle of justice

(moral obligation) (fair legal system0

Answer 3

The moral obligation to act based on a fair legal system of competing claims. As such, it is linked to fairness, entitlement, and equality

Question 4

what is an effective law

Answer 4

An effective law must be able to be enforced. Law enforcers must be able to catch those who break the law and bring them to justice.

Question 5

characteristics of effective law examples

Answer 5

• Reflect society views
• Be enforceable
• Be known
• Be clear and understood
• Be stable
  If one of these is missing, then it is possible that the law is not as effective as it could be.

Question 6

The role of parliament

Answer 6

Parliament’s role is to make and review laws

Question 7

the Commonwealth parliament

Answer 7

• The queen (often referred to as the crown) represented by the governor-general
• The Senate (upper house)
• The house of representatives (Lower house)
  The role of the Commonwealth Parliament is to pass laws for the country in its area of law-making

Question 8

 Sources of common law

Answer 8

Laws that are made in court by judges

Question 9

statute law

Answer 9

Proposed laws or bills that are drafted by politicians in parliament and agreed upon by the majority of both houses of parliament become law.

Question 10

binding precedent

Answer 10

the legal reasoning for a decision of a higher court that must be followed by a lower court in the same jurisdiction

Question 11

persuasive precedent

Answer 11

that is, the court is not bound by it, but can choose to follow it or
can be persuaded by it

Question 12

Define crime

Answer 12

a system of law concerned with the punishment of the offender

Question 13

Purpose of criminal law

Answer 13

Criminal law protects citizens from criminals who would inflict physical harm on others or take their worldly goods.

Question 14

characteristics of a civil law

Answer 14

• A remedy should provide a legal solution for the plaintiff for a breach of the civil law by the defendant
• The two parties to a civil dispute are the plaintiff_ (being the party who makes a claim), and
  the defendant (who the plaintiff_ alleges has infringed the plaintiff’s rights).

Question 15

characteristics of criminal law

Answer 15

• ## If the accused is found guiltily of that offense, a sanction may be imposed on that person

Question 16

Fairness

Answer 16

Treatment or behavior without favoritism or discrimination, free form bias or injustice.

Question 17

Equality

Answer 17

All persons are equal before the law. No one is above the law.

Question 18

Access

Answer 18

The principle of the justice system should endeavor to ensure everyone has access to the law considering financial, physical, mental or social disadvantages.

Question 19

commonwealth Parliament

Answer 19

The parliament of Australia or the federal parliament is a bicameral parliament. (A parliament with two houses)

Question 20

House of representatives

Answer 20

• The main roles of the house of representatives are to represent the people
• Introduce and pass proposed laws (bills)
• Review bill passed by the senate and form government

Question 21

Senate

Answer 21

• Represent the interest of the state and territories of Australia
• Review bills passed by the House of Representatives

Question 22

Legislative Assembly 2

Answer 22

• To introduce and pass bills and to form the Victorian Government.
• The government consists of members of a political party

Question 23

Legislative Council 1

Answer 23

• Introduce bills and review bills passed by the Legislative Assembly
• The Legislative Council can reject or amend bills passed by the Legislative Assembly

Question 24

Victorian court structure

Answer 24

Magistrate court. 3
County court. 2
Supreme court. 1

Question 25

The role of courts

Answer 25

the role of courts is to apply the law by hearing and making decisions in cases.

Question 26

What does social cohesion mean?

Answer 26

• This means that individuals are free to make choices in society and are willing to cooperate with other members of society so that they may live in harmony.

Question 27

What does social cohesion ensure?

Answer 27

• In addition to achieving social cohesion, a functioning society ensures that the rights of individuals are protected.

Question 28

The role of individuals

All these acts help to ensure a society which is cohesive and in which rights are upheld

Answer 28

• Responsibility of everyone to obey the law
• Expected to respect human rights
• Assist police or law enforcement with their investigation, reporting crime
• Using the legal system to resolve their disputes.

Question 29

What is a social cohesive society?

Overall social cohesion is about individuals working together and living in harmony.

Answer 29

• Individuals are free to make choices in a society, and are keen to cooperate with members of society so that they may live in harmony.
• Members are unified, provided with opportunities, work together to challenge disharmony.

Question 30

What chater upholds the principle of fairness?

Answer 30

the charter of human rights and responsibilities’ act 2006 (Vic )

Question 31

If people are treated differntly is fair?

Answer 31

if they are treated differently, it should be because of the laws that have been applied, and because of the circumstances of the case, and not because the person has been discriminated against because of a personal attribute or characteristic.

Question 32

Common law

Answer 32

Decisions of superior courts that are legally binding on future decisions, and therefore are part of our laws

Question 33

The role of courts

Answer 33

• Aplly the law to resolve disputes at hand

Question 34

Statue law, Legislation, Act of parliament

Answer 34

Proposed laws or bills that are drafted by politicians in parliament and agreed upon by the majority of both houses of parliament become law.

Question 35

• Precedent does not apply to

Answer 35

• Precedent does not apply to a sanction (the sentence in a criminal case) or a remedy (compensation in a civil dispute) handed down by the court

Question 36

precedent is

Answer 36

is the reason given for the decision that is the precedent.

Question 37

• Ratio decidendi

Answer 37

The reason’; the legal reason behind a judge’s decision Ration decidendi forms the binding part of a precedent.

Question 38

• Stare decisis

Answer 38

‘Let the decision stand’ meaning to stand by what has been decided

Question 39

• Binding precedent

Answer 39

the legal reasoning for a decision of a higher court that must be followed by a lower court in the same jurisdiction

Question 40

• A precedent can be persuasive

Answer 40

(that is, the court is not bound by it, but can choose to follow it or
can be persuaded by it)

Question 41

Examples of crime

Answer 41

• • crimes against person – assault, rape, manslaughter, murder
• • crimes against property – theft, property damage, robbery, deception
• • crimes against morality – prostitution, illegal use of drugs
• • crimes against the legal system – perjury, contempt of court
• • crimes against the state – treason

Question 42

Words commonly used in a criminal case

Answer 42

• prosecution, the Crown, the state – the party bringing the case on behalf of the state
• • accused – the person who has been charged with an offence
• • suspect – the person who is suspected of having committed a crime
• • guilty/not guilty – the person can be found guilty or not guilty
• • charge – when the police formally allege that a person has committed a crime
• • sanction – the penalty handed down by the court on the offender
• • conviction – when an offender has been found guilty, the court records a conviction (the guilty verdict), although in some instances a court decides not to record a conviction so the offender does not have a criminal record.

Question 43

Civil law

Answer 43

is an area of law that regulates disputes between individuals and groups and seeks to enforce rights where harm has occurred.

Question 44

Examples of civil laws

Answer 44

• • tort law – negligence, trespass, nuisance, defamation
• • family law – marriage, divorce, adoption, de facto relationships
• • industrial and workplace laws – occupational health and safety, working conditions, work contracts, workplace agreements, union disputes
• • consumer law – tenancy agreements, sale of goods, advertising laws
• • property law – wills, planning laws, real estate
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