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Legal studies > U1 AOS 1 > Flashcards

U1 AOS 1 Flashcards

1
Q

Social cohesion

A

The willingness of a society to cooperate to survive and prosper.

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2
Q

What is the role of laws?

A

To set boundaries of behaviour and protect rights.

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3
Q

What is the role of Individuals?

A

Individuals should be aware of the laws and respect human rights. Ignorance of the law is not an excuse.

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4
Q

What is the role of the legal system?

A

Create, administer, enforce laws

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5
Q

What are the principles of justice?

A

Fairness, equality and acess

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6
Q

What is fairness in the legal system?

A

Impartial and just treatment; behaviour without favouritism and discrimination.

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7
Q

How is justice upheld in the legal system?

A

Accused is presumed innocent, and aware of charges against them. Able to recieve legal aid and present defences. Right to appeal

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8
Q

What is equality in the legal system?

A

Everyone treated in the same manner, every individual is equal under the law and entitled to law’s protection

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9
Q

What is access in the legal system?

A

people aware of their legal rights, have opportunity to pursue case and receive rights

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10
Q

What makes a law effective? (SECKS)

A

Reflects society’s values, Enforceable, known, clear and understood, stable

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11
Q

What are the sources of law?

A

Statute and common law

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12
Q

What is parliament’s principle role?

A

To make laws

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13
Q

What does ‘supremacy of parliament’ mean?

A

The concept that final law making power rests with parliament, can repeal and amend its own statutes and pass legislation to override common law

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14
Q

How is a bill created?

A

must pass through the legislative process (propesed in lower house, pass upper house, royal ascent)

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15
Q

What is the Victorian court hierarchy?

A

High court of Australia, Supreme court - court of appeal, supreme court - trial division, county court, Magistrate’s court.

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16
Q

What is the Federal court hierarchy?

A

High court, federal court, federal circuit and family court.

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17
Q

Parliament with 2 houses

A

Bicameral

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18
Q

Structure of cth parliament

A

House of representatives - lower house
Senate - upper house
Govenor General - royal ascent, crown’s representative.

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19
Q

Structure of Vic parliament

A

Legislative assembly - lower house
Legislative council - upper house
Govenor - representative, royal ascent

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20
Q

What is the relationship between courts and parliament in law-making?

A

Supremacy of parliament, codification of common law, abrogation, statutory interpretation, ability of courts to influence parliament.

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21
Q

What does codification mean?

A

Process which parliament confirms and precedent by passing legislation.
E.g Mabo case and native title

22
Q

What is abrogation?

A

Process which parliament overrides/cancels a precedent by passing legislation that abolishes/changes principles established by court.
e.g trigwell and livestock

23
Q

What is statutory interpretation?

A

Courts give meaning to words of legislation in the way parliament intended.
E.g studded belt case and weapon

24
Q

What is the ability of courts to influence parliament?

A

Decisions made in courts and statements by judges can influence parliament to create legislation.
Trigwell, Mabo

25
Q

What is the doctrine of precedent?

A

Courts’ rulings can become a precedent which can be binding in certain situations.

26
Q

When do courts create precedents?

A
  • there is no existing law in area (Donaghue v Stevenson)
  • Legislation exists, court is required to give meaning to words or phrases (studded belt)
27
Q

When is a precedent binding?

A
  • set by higher court in same hierarchy
  • material facts of case are similar
28
Q

what does binding mean?

A

Judges in a lower court must follow the ruling od a higher court if the precedent is binding.

29
Q

When is a precedent persuasive?

A
  • set by a lower court on same hierarchy
  • different hierarchy
  • statements made as obita dicta, not ratio decendi.
30
Q

What are the latin terms for the doctrine of precedent?

A

Stare decisis, ratio decendi, obiter dicta

31
Q

What does stare decisis mean?

A

“To stand by what has been decided”
- lower courts will stand by decisions of higher courts, using them in own cases

32
Q

What does ratio decendi mean?

A

“Reasons for the decision”
- legal reasoning behind decision
- becomes binding part of precedent

33
Q

What is obiter dicta?

A

“Things said by the way”
- other comments made by judge in case, can become persuasive in future cases.

34
Q

How do judges use precedent?

A

Reversing, overruling, distinguishing, denouncing.

35
Q

What does reversing mean?

A

If court creates precedent, but decision is appealed, higher court can reverse precedent that was created (same case)

36
Q

What does overruling do?

A

Court creates precedent that is changed in later case by higher court, old precedent has been overruled

37
Q

What is distinguishing?

A

Judge can refuse to follow precedent when material facts are different. Not binding.

38
Q

What is denouncing?

A

Judge can disapprove of precedent and record in judgment, but have to follow it = binding.

39
Q

What are the reasons for a court hierarchy?

A

Appeals, specialisation, administrative convenience, doctrine of precedent.

40
Q

What are appeals?

A

If someone is unhappy with outcome of case, can have decision reviewed by higher court.

41
Q

What is specalisation?

A

Judge will have experience in case/expertise.

42
Q

What is administrative convenience?

A

More small courts to hear higher volume of cases, allows higher courts to spend more time on more complex cases.
- promotes efficiency in court system

43
Q

What are the types of law?

A

Criminal law, civil law.

44
Q

What is the aim of criminal law?

A

protect members of community and their property from harm.

45
Q

What are the names of parties in criminal law?

A

Accused, prosecution.

46
Q

Explanation of criminal law.

A

Body of law that defines criminal offences and their sanctions.

47
Q

Explanation of civil law.

A

Body of law that resolves disputes between individuals and organisations.

48
Q

What is the aim of civil law?

A

To protect the rights of individuals, provide justice to those who believe their rights have been infringed.

49
Q

What are the consequences in civil law?

A

Remedies
- damages
- injunctions

50
Q

Parties in civil law

A

Plaintiff, defendant

51
Q

Parties in criminal law

A

Prosecution, accused

Legal studies (61 decks)

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