unit 1 aos1 Flashcards
social cohesion
a term used to describe the willingness of members of society to cooperate with each other in order to survive and prosper
rule of law
the principle that everyone in society is bound by law and must obey the law and that all laws are clear
the principles of justice
fairness, equality and access
fairness
all people can participate in the justice system and its processes should be impartial and open
bias
a prejudice or lack of objectivity in relation to one person or group
apprehended bias
a situation in which a fair minded observer may believe that a judge is not being fair
equality
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
disparity
a situation in which two or more things or people are not equal and the inequality causes unfairness
access
all people should be able to engage with the justice system on an informed basis
an effective law should (5)
reflect society’s values, be enforceable, be known, be clear and understood, be stable
statute law
law made by parliament
bicameral parliament
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)
governor general
the king’s representative
house of representatives
the lower house of the commonwealth parliament
senate
the upper house of the commonwealth parliament
bill
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
royal assent
the formal signing and approval of a bill by the govenor general
court hierarchy
magistrates to county to supreme (trial) to supreme (appeal) to high court
jurisdiction
the lawful authority of a court to decide legal cases
appeal
an application to have a higher court ruling
common law
law made by judges through decisions made in cases
statutory interpretation
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
precedent
a principle established in a legal case that should be followed by courts in later cases where the material facts are similar
binding precedent
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
persuasive precedent
the legal reasoning for a decision of a lower court within the same jurisdiction that may be used as a source of influence
codify
to collect all law on one topic together into a single statute
abrogate
to abolish or cancel a law of common law
criminal law
an area of law that defines behaviours and conduct that are prohibited
crime
an act or omission that is against an existing law and is harmful both to an individual and to society
civil law
an area of law that defines the rights and responsibilities of individuals or groups
