UNIT 1 - AOS 1

Question 1

Define social cohesion.

Answer 1

A term used to describe the willingness of members of a society to cooperate with each other in order to survive. The benefits include a sense of belonging, more opportunities and harmony.

Question 2

What is the rule of law?

Answer 2

The principle is that everyone in society is bound to the law. Laws must be fair and clear for people to obey them

Question 3

Rights of individuals

Answer 3

The right to a fair hearing, the right to freedom of expression, the right to protection from retrospective criminal laws.

Question 4

The role of individuals

Answer 4

Individuals have a responsibility to make themselves aware of the law, and to abide by it. Abiding by law enables social cohesion, as it ensures people are conducting themselves in a socially-expected manner.

Question 5

The role of laws

Answer 5

Laws establish a framework of acceptable behaviour, including what individuals must do, and what they cannot.

Question 6

The roles of the legal system

Answer 6

The legal system consists of bodies that make, administer, interpret and enforce the law. The extensions of these institutions provide an avenue for dispute resolution and allow for action to be taken against those who have infringed the rights of others.

Question 7

The Principles of Justice

Answer 7

Fairness
Equality
Access

Question 8

Fairness

Answer 8

Fairness is the first principle of justice. Fairness refers to fair processes and a fair hearing; everyone should have the opportunity to know the facts and present their side of events.

Question 9

Equality

Answer 9

Equality is the second principle of justice. Everyone should be equal before the law and have equal opportunity to present their case

Question 10

Access

Answer 10

Access is the third principle of justice. Access means that all people should be able to understand their legal rights and pursue their cases.

Question 11

Characteristics of an effective law

Answer 11

Enforceable
Stable
Known
Clear and understood

Question 12

Enforceable

Answer 12

An effective law must be enforceable. That is if people break the law, they must be able to be caught and brought to justice.

Question 13

Stable

Answer 13

Laws need to change with the times, it is important that there is not too much change all at once, which can lead to confusion.

Question 14

Known

Answer 14

For a law to be enforceable, the public must know about it. If people do not know about the new law, they will not be able to follow it.

Question 15

Clear and understood

Answer 15

All laws must be written clearly so they are easily understood. If laws are too complicated or contain ambiguity, then uncertainty and confusion may follow.

Question 16

The reasons for a court hierarchy:

Answer 16

Specialisation
Appeals
Allows the doctrine of Precedent to operate
Administrative convenience

Question 17

Specialisation

Answer 17

Courts develop expertise in hearing certain types of cases so they should become proficient in delivering fair and just outcomes. So certain people who specialise in certain areas will benefit the case.

Question 18

Appeals

Answer 18

A person who believes an error has been made by a court can appeal to a higher court to review the decision. Without a hierarchy, parties would not know where to have their appeal heard.

Question 19

Allows the doctrine of Precedent to operate

Answer 19

Courts have to follow earlier decisions in higher courts in their own hierarchy involving similar material facts. Without a hierarchy, courts would not know whose decisions they have to follow.

Question 20

Administrative convenience

Answer 20

Cases can be heard more efficiently as more frequently occurring minor matters are heard in the Magistrates’ Court (which are comparatively numerous) and a smaller number of more serious and complex cases are heard in the superior courts.

Question 21

Jurisdiction

Answer 21

The lawful authority of a court, tribunal or other dispute resolution body to decide legal cases

Question 22

Criminal law

Answer 22

Is a law that protects the community by establishing outcomes and sanctions for people who commit crimes. For example, murder, manslaughter and theft.

Question 23

Sanction

Answer 23

Is a penalty or punishment imposed on the offender by the court. A person found guilty of a crime is given a sanction. EG - fine, jail time, community service.

Question 24

Civil law

Answer 24

Involves disputes between individuals or groups it is claimed that rights have been fringed. Breachment of rights is negligence, defamation, trespass.

Question 25

Plaintiff

Answer 25

In a civil case, they are the party who makes a legal claim about the other party.

Question 26

Defendant

Answer 26

In a civil case, they are the party who is alleged to have breached a civil law and who is being sued by the plaintiff.

Question 27

Remedy

Answer 27

A remedy should provide a legal solution for the plaintiff of the civil law by the defendant and restore the plaintiff to the position they were in before they were wronged.

Question 28

Accused

Answer 28

A person charged with committing a criminal offence or offences.

Question 29

Prosecution

Answer 29

The prosecution is the legal party responsible for presenting the case in a criminal trial against an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person.

Question 30

Secondary Legislation

Answer 30

Is the granting of additional law-making powers to another branch of government by an Act or statute.

Question 31

Codify (Codification)

Answer 31

This is where Parliament creates legislation that reinforces principles established by a court decision. The Native Title Act as a result of the Mabo case is an example of codification.

Question 32

Abrogate (Abrogation)

Answer 32

To cancel or abolish a court-made law so, Parliament may create legislation that changes or overrides a court’s decision.

Question 33

Statutory Interpretation

Answer 33

Statutory interpretation is when a judge gives meaning to the words in a court matter. Since legislation is often written in broad/general terms which sometimes need to be interpreted.

Question 34

Sources of Law

Answer 34

Sources of law refer to the origin of law. The two sources of law are known as common and statute law.

Question 35

Statute Law

Answer 35

Statute law refers to law made by parliament.

A bill can only become law once passed through both houses, which is the upper house and lower houses and also given royal assent in order to become law.

Question 36

Royal Assent

Answer 36

The formal signing and approval of a bill by the governor-general (at the commonwealth level) or governor (at the state level) after a bill becomes an Act of Parliament (a law).

Question 37

Legislation

Answer 37

A set of laws passed by Parliament.

Question 38

Common law

Answer 38

Common law is the law by judges through decisions made in cases.
The courts can make law in 2 situations - Statutory interpretation & Precedents

Question 39

Act of Parliament

Answer 39

A law made by parliament; a bill that passed through parliament and has received royal assent.

Question 40

Supremacy of Parliament

Answer 40

It establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions.

Question 41

Ratio Decidendi

Answer 41

The legal reasoning behind a judge’s decision

Question 42

Stare Decisis

Answer 42

The legal principle of determining points in litigation according to precedent.

Question 43

Precedent

Answer 43

A court decision that is followed by another court in the lower hierarchy (Eg. Stevenson v Donoghue).

Question 44

Binding Precedent

Answer 44

Precedent that a court must abide by in its adjudication of a case. For example, a lower court is bound by the decision of a higher court in the same jurisdiction, even if the lower court judge disagrees with the reasoning or outcome of that decision.

Question 45

Persuasive Precedent

Answer 45

Precedent that a court may, but is not required to, rely on in deciding a case. Examples include decisions from courts in neighbouring jurisdictions in a decision by a higher court.

Question 46

Obiter Dictum

Answer 46

Comments made by a judge that may be persuasive in future cases.