Unit 1 AOS 1 Flashcards
Describe the role of individuals in achieving social cohesion and protecting the rights of the individuals
Individuals must make sure they are aware of the laws and must use the legal system to solve disputes.
Explan the principles of justice: Fairness, equality, and access.
Fairness: All people can participate in the justice system.
Equality: All people should be treated equally, if being treated equally poses disparity or disadvantadge adequate measures should be implemented
Access: All people should be able to engage with the justice system on an informed basis.
Explain the characteristics of an effective law
. Known to the public
. Reflects socetys values
. Able to be enforced
. Stable
. Is understood
Describe the role of laws in achieving social cohesion and protecting the rights of the individuals.
Setting Standards of Behavior, Promoting Social Cohesion, Protecting Individual Rights, Ensuring Equality and Fairness.
Describe the role of the legal system in achieving social cohesion and protecting the rights of the individuals.
The legal system enforces the laws, resolves conflicts, and safeguards the right of indivoduals.
Identify the roles of parliament and the courts and their relationship in law making.
Parliament and the courts can create a law, but when laws are created by the courts they must be codified by parliament.
Describe the sources of law such as common law and statute law.
Common law refers to laws created by judges through statutory interpretation or through the doctrine of precedent. Statute law refers to parliaments passing written laws in the form of Acts, legislation or statutes.
Provide an overview of, and reasons for, the Victorian court hierarchy.
Some courts have more power than others. This is called the court hierarchy. The Magistrates’ Court sits at the bottom of this hierarchy followed by the County Court, then the Supreme Court. The reason for this is to utilise precedent, appeals, specialisation, time and money, and administrative convenience.
Discuss the types of law such as criminal and civil law.
Criminal Law relates to acts or omissions against society. The aims of criminal law are to apprehend, prosecute and punish people who have broken the law and to deter others from breaking the law. Civil law relates to a dispute between two parties (individuals, companies or governments). The main aim of civil law is to return the person whose rights have been infringed back to their original position.
Describe the distinction and realationship between criminal and civil law.
Criminal law deals with offence against society and the primary goal is punishment, deterrence, and rehabilitation,. Whilst Civil law relates to a dispute between two individuals, companies or governments. Civil law aims to resolve conflicts and compensating the injured party rather than punishment. Relationship: a person accused of assault may face criminal charges brought by the state and a civil lawsuit filed by the victim seeking compensation for their injuries.
