unit 1 aos1

Question 1

social cohesion

Answer 1

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

Question 2

rule of law

Answer 2

the principle that everyone in society is bound by law and must obey the law and that all laws are clear

Question 3

the principles of justice

Answer 3

fairness, equality and access

Question 4

fairness

Answer 4

all people can participate in the justice system and its processes should be impartial and open

Question 5

bias

Answer 5

a prejudice or lack of objectivity in relation to one person or group

Question 6

apprehended bias

Answer 6

a situation in which a fair minded observer may believe that a judge is not being fair

Question 7

equality

Answer 7

people should be treated in the same way, but if the same treatment creates disparity or disadvantage, measures should be implemented to allow all to engage with the justice system

Question 8

disparity

Answer 8

a situation in which two or more things or people are not equal and the inequality causes unfairness

Question 9

access

Answer 9

all people should be able to engage with the justice system on an informed basis

Question 10

an effective law should (5)

Answer 10

reflect society’s values, be enforceable, be known, be clear and understood, be stable

Question 11

statute law

Answer 11

law made by parliament

Question 12

bicameral parliament

Answer 12

a parliament with two houses. The senate (upper house) and house of reps (lower house). In victoria there is the legislative council (upper) and the legislative assembly (lower)

Question 13

governor general

Answer 13

the king’s representative

Question 14

house of representatives

Answer 14

the lower house of the commonwealth parliament

Question 15

senate

Answer 15

the upper house of the commonwealth parliament

Question 16

bill

Answer 16

a proposed law that has been presented to parliament to become law. a bill becomes an act of parliament once it has passed through all the formal stages of law-making

Question 17

royal assent

Answer 17

the formal signing and approval of a bill by the govenor general

Question 18

court hierarchy

Answer 18

magistrates to county to supreme (trial) to supreme (appeal) to high court

Question 19

jurisdiction

Answer 19

the lawful authority of a court to decide legal cases

Question 20

appeal

Answer 20

an application to have a higher court ruling

Question 21

common law

Answer 21

law made by judges through decisions made in cases

Question 22

statutory interpretation

Answer 22

the process by which judges give meaning to the words or phrases in an Act of Parliament so it can be applied to resolve a case

Question 23

precedent

Answer 23

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

Question 24

binding precedent

Answer 24

the legal reasoning for a decision of a higher court that must be followed by a lower court in cases where the material facts are similar

Question 25

persuasive precedent

Answer 25

the legal reasoning for a decision of a lower court within the same jurisdiction that may be used as a source of influence

Question 26

codify

Answer 26

to collect all law on one topic together into a single statute

Question 27

abrogate

Answer 27

to abolish or cancel a law of common law

Question 28

criminal law

Answer 28

an area of law that defines behaviours and conduct that are prohibited

Question 29

crime

Answer 29

an act or omission that is against an existing law and is harmful both to an individual and to society

Question 30

civil law

Answer 30

an area of law that defines the rights and responsibilities of individuals or groups