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Legal Studies > U1 AOS1 - Legal Foundations > Flashcards

U1 AOS1 - Legal Foundations Flashcards

1
Q

what is social cohesion?

A

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

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2
Q

what is the role of laws in achieveing social cohesion?

A
  • to provide guidelines on what behaviour is acceptable/not acceptable
  • to protect the rights of individuals
    to resolve disputes peacefully
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3
Q

what is the role of individuals in achieving social cohesion?

A
  • responsibility to ensure that they are aware of the laws + abide by them
  • respect human rights + act in accordance with human rights
  • assist police investigations, report crimes, use the legal system to resolve disputes
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4
Q

what is the role of the legal system in achieving social cohesion?

A
  • implements + enforces the law
  • deals fairly + justly with individuals who have broken the law/breached someone’s rights
  • settles disputes in a way that avoids further conflict/disruption to society
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5
Q

what are the 3 principles of justice?

A

fairness, equality, and access

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6
Q

what is fairness?

A

having fair processes and a fair hearing

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7
Q

what is equality?

A

people should be equal before the law + have an equal opportunity to present their case (no advantage/disadvantage)

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8
Q

what is access?

A

all people should be able to understand their legal rights and pursue their case (legal procedures should be accessible)

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9
Q

how many steps are there for a bill to become an act?

A

10

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10
Q

what are the first 5 steps for a bill to become an act?

A
  1. introduction and first reading
  2. second reading
  3. committee stage/consideration in detail
  4. third reading
  5. the bill passes the house
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11
Q

which house do bills usually go through first?

A

the lower house (house of representatives)

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12
Q

what happens in the second house before the bill is passed?

A

the same steps as the first house

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13
Q

what happens after the bill has passed both houses?

A

royal assent (governor-general in federal gov and governor in state gov approves the bill)

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14
Q

what are the 2 houses in victorian parliament?

A
  1. lower house (house of representatives, green)
  2. upper house (senate, red)
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15
Q

what are the characteristics of an effective law?

A
  • must reflect society’s current values
  • must be enforceable
  • must be known
  • must be clear and understood
  • must be stable
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16
Q

what are the 2 types of law?

A

civil law and criminal law

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17
Q

what is civil law?

A

an area of law that defines the rights and responsibilites of individuals, groups, and organisations in society, and regulates private disputes

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18
Q

what is criminal law?

A

an area of law that defines behaviours and conduct that are prohibited (crimes) and outlines sanctions (penalties) for those who commit them

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19
Q

what are the 2 ways offences can be classified?

A

summary offences and indictable offences

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20
Q

what are summary offences?

A
  • minor criminal offences
  • heard in the magistrate’s court
  • contained in the summary offences act
  • heard/determine without a judge or jury
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21
Q

what are examples of summary offences?

A

drink-driving, disorderly conduct, minor assaults, etc.

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22
Q

what are indictable offences?

A
  • serious criminal offences
  • heard by a juge and a jury
  • heard in the county or supreme courts
  • contained in the crimes act
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23
Q

what are examples of indictable offences?

A

murder, manslaughter, etc.

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24
Q

what are indictable offences heard summarily?

A

serious offences that can be heard and determined as summary offences

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25
Q

when can indictable offences be heard summarily?

A
  • if the accused consents
  • if the offence is punishable by not more than 10 years imprisonment or a fine greater than 1200 penalty units
26
Q

how are criminal cases cited?

A

DPP v defendant

27
Q

what is the DPP?

A

director or public prosecutions

28
Q

how are civil cases cited?

A

plaintiff v defendant

29
Q

what are the aims of criminal law?

A
  • to protect society
  • to protect property
  • to protect individuals
  • to promote justice
30
Q

what are the aims of civil law?

A
  • to regulate the conduct between parties to a dispute
  • to remedy a wrong that has occured
31
Q

what is the burden of proof?

A

the responsibility to prove the allegations made in a case

32
Q

who holds the burden of proof?

A

the person who initiates or brings the case to court (prosecution in criminal case, plaintiff in civil case)

33
Q

what is the standard of proof?

A

the strength of evidence needed to prove a legal case

34
Q

what is the standard of proof in a criminal case?

A

beyond a reasonable doubt

35
Q

what is the standard of proof in a civil case?

A

on the balance of probabilities

36
Q

what are the parties in criminal law?

A

the prosecution and the defendant

37
Q

what are the parties in civil law?

A

the plaintiff and the defendant

38
Q

what can the verdict be in a criminal case?

A

guilty or not guilty

39
Q

what can the verdict be in a civil case?

A

in favour of the plaintiff or in favour of the defendant

40
Q

what is the victorian court hierarchy (lowest to highest)?

A
  1. magistrate’s court
  2. county court
  3. supreme court (trial division)
  4. supreme court (court of appeal)
  5. high court of australia (federal)
41
Q

what are the specialist courts in victoria

A
  • coroners court (investigates suspicious deaths and fires
  • childrens court (deals with cirminal and family matters involving children)
42
Q

which court hears summary offences?

A

magistrates court

43
Q

which courts hear indictable offences?

A

supreme court (trial division) and county court

44
Q

what are the reasons for having a court hierarchy?

A
  • specialisation/expertise
  • appeals
  • doctrine of precedent
  • administrative convenience
45
Q

what are the 4 main features of the relationship between parliament and the courts?

A
  • statutory interpretation
  • codification of common law
  • abrogation of common law
  • ability of courts to influence parliament
46
Q

what is statutory interpretation?

A

when courts interpret/give meaning to the words in statutes when applying them to a new case

47
Q

what is codification of common law?

A

when parliament collects all law (statute and common) on one topic together into a single statute

48
Q

what is the abrogation of common law?

A

when parliament cancels/abolishes a court-made law by passing an act of parliament

49
Q

what is the ability of courts to influence parliament?

A

when the court indicates in a judgement that they think a law should be changed by parliament

50
Q

what is statute law?

A

laws made by parliament, also known as acts of parliament/legislation

51
Q

what is the main role of parliament?

A

to make laws

52
Q

what is supremacy of parliament?

A

the fact that the final law-making power rests with parliament, which can repeal/amend its own statutes + pass legislation to override common law

53
Q

what is common law?

A

laws made by judges through decisions in cases, also known as case law/judge-made law

54
Q

what is the main role of courts?

A

to apply existing laws to cases

55
Q

what is the secondary role of courts?

A

to make laws as part of their determination of cases

56
Q

what are the 2 ways that courts can make laws?

A
  1. through statutory interpretation
  2. through establishing a precedent
57
Q

what is a precedent?

A

a principle established in a legal case that is followed by the courts in cases where the material facts are similar

58
Q

when do courts make precedents?

A
  • when the meaning of words in statutes is unclear and needs interpretation
  • when there is no legislation in the area of law that a case refers to, or the previous law/principle needs expanding upon
59
Q

what are the 2 types of precedents?

A

binding and persuasive

60
Q

when is a precedent binding?

A

if it was set in a higher court in the same court hierarchy

61
Q

when is a precedent persuasive?

A

if it was set in a law court in the same hierarchy, the same level of court in the same hierarchy, or a court in a different hierarchy

Legal Studies (10 decks)

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