Unit 1 AOS 1 Flashcards
fairness
everyone can participate in the justice system and its processes should be impartial / open
equality
everyone engaging with the justice system and its processes is treated in the same way, unless the same treatment causes disparity
access
everyone should be able to engage with the justice system and its processes on an informed basis and have the means / ability to use / participate in the legal system
social cohesion
the willingness of members of a society to cooperate with each other in order to survive and prosper
parliament
a formal assembly of representatives of the people that is elected by the people and gathers to make laws
statute law
law made by parliament
common law
law made by judges through decisions made in cases
civil law
an area of law that defines the rights / responsibilities of individuals / groups / organisations in society and regulates private disputes
criminal law
an area of law that defines behaviours / conduct that are prohibited and outlines sanctions for people who commit them
crime
an act / omission against an existing law that is harmful to an individual / society and punishable by law
precedent
a principle established in a legal case that should be followed by courts in later cases where the material facts are similar. Precedents can either be binding or persuasive
rule of law
the principle that everyone in society is bound by law and must obey the law, and that laws should be fair / clear, so people are willing / able to obey them
civil dispute
a disagreement between two or more individuals (or groups) in which one of the individuals (or groups) makes a legal claim against the other
jury
an independent group of people chosen at random to determine questions of fact in a trial and reach a decision (i.e. a verdict)
bias
a prejudice / lack of
objectivity in relation to
one person or group
apprehended bias
a situation in which a fair minded lay observer might reasonably believe that the person hearing or deciding a case (e.g. a judge or magistrate) might not bring an impartial mind to the case
evidence
information / documents / other material used to prove the facts in a legal case
disparity
a situation in which two or more things / people are not equal, and the inequality causes unfairness
lawyer
a general term used to describe somebody who has been trained in the law and is qualified to give legal advice (e.g. a barrister or a solicitor)
sue
to take civil action against another person, claiming that they infringed some legal right of the plaintiff (or
did some legal wrong that negatively affected the plaintiff)
jurisdiction
the lawful authority (i.e. power) of a court, tribunal or other dispute resolution body to decide legal cases
appeal
an application to have a higher court review a ruling (decision)
doctrine of precedent
the rule that the reasons for the decisions of higher courts are binding on courts ranked lower in the same hierarchy in cases where the material facts are similar
statutory interpretation
the process by which judges give meaning to the words or phrases in an Act of Parliament (i.e. a statute) so it can be applied to resolve a case before the court
ratio decidendi
a Latin term meaning ‘the reason’; the legal reasoning behind a judge’s decision. Ratio decidendi forms the binding part of a precedent
stare decisis
a Latin term meaning ‘let the decision stand’, meaning to stand by what has been decided.
obiter dictum
a Latin term meaning ‘by the way’; comments made by the judge in a particular case that may be persuasive in future cases
codify (codification)
to collect all law on one topic together into a single statute
abrogate (abrogation)
to abolish or cancel a
law by passing an act of parliament
plaintiff
a party who makes a legal claim against another party (i.e. the defendant) in court
remedy
any order made by a court / tribunal that is designed to address a civil wrong / breach.
sanction
a penalty imposed by a court on a person guilty of a criminal offence
