Unit 1 Area of Study 1

Question 1

Role of individuals in achieving social cohesion

Answer 1

To ensure they are aware of the laws and to abide by them

Question 2

Role of laws in achieving social cohesion

Answer 2

To provide guidelines to what behaviour is acceptable and how individuals should behave

Question 3

Role of the legal system in achieving social cohesion

Answer 3

To deal fairly and justly with individuals when they have broken a law or breached someone’s rights

Question 4

How does the role of laws, individuals and the legal system protect individuals rights

Answer 4

Laws establish individuals rights and state the consequences if the rights are infringed
Individuals assist the police with investigations by reporting crimes
The legal system applies and enforces the law when a dispute rises

Question 5

How is fairness achieved in the legal system

Answer 5

1. Impartial processes
2. Open processes
3. Participation

Question 6

How is equality achieved in the legal system

Answer 6

By treating all people involved in a case fairly regardless of their characteristics

Question 7

How is access achieved in the legal system

Answer 7

All people should be able to engage with the justice system and have the ability to be able to use and participate in that system

Question 8

What are the characteristics of an effective law

Answer 8

1. Laws must reflect society’s values
2. Laws must be known
3. Laws must be clear and understood
4. Laws must be stable
5. Laws must be enforceable

Question 9

What is the role of parliament

Answer 9

The main role of parliament is to make laws. Each parliament can make or change laws within it’s area of law-making power

Question 10

What are the two Houses of Parliament

Answer 10

The House of Representatives (lower house)
The Senate (upper house)

Question 11

What is the role of the House of Representatives

Answer 11

-To form government
-To represent the people in its roles
-To introduce and pass bills
-Review any bills passed by the Senate

Question 12

What is the role of the Senate

Answer 12

-To review bills that have been introduced in and passed by the house of representatives
-To ensure equal representation of the states in the Senate
-Introduce and pass bills

Question 13

What is the role of the courts in law-making

Answer 13

To resolve disputes and enforce the law peacefully

Question 14

What are the features of the relationship between parliament and the courts

Answer 14

1. The interpretation of statutes by courts (statutory interpretation)
2. The codification of common law
3. The abrogation of common law
4. The ability of courts to influence parliament

Question 15

What’s the difference between common law and statute law?

Answer 15

Common law is made by judges through decisions made in cases whereas a statute is introduced and passes through parliament and receives royal assent

Question 16

What is the lower house in the Victorian parliament called

Answer 16

The Legislative assembly

Question 17

What is the upper house in the Victorian parliament called

Answer 17

The Legislative council

Question 18

What are the reasons for a court hierarchy

Answer 18

1. Specialisation and expertise
2. Appeals
3. Administrative convenience (
4. Doctrine of precedent (decisions of higher courts are binding on lower courts)

Question 19

What is criminal law

Answer 19

A body of law that protects the community by establishing crimes and sanctions Eg. Murder, assault, theft

Question 20

What is civil law

Answer 20

Regulates disputes between individuals and groups. The aim is to rectify a civil wrong by returning the persons rights who have been infringed to their original position Eg. Property damage, defamation, trespassing

Question 21

What is the relationship between criminal law and civil law

Answer 21

The same behaviour can give rise to both a criminal case and a civil dispute

Question 22

What is ratio decidendi

Answer 22

A Latin term meaning ‘the reason’ the legal reasoning behind a judges decision

Question 23

What is Stare decisis

Answer 23

A Latin term meaning ‘let the decision stand’ the basic principle underlying the doctrine of precedent

Question 24

What is a precedent

Answer 24

A principle established in a legal case that should be followed by courts in later cases with similar material facts

Question 25

What is binding precedent

Answer 25

A binding precedent is one that must be followed by courts that are lower in the same court hierarchy

Question 26

What is persuasive precedent

Answer 26

One that does not need to be followed. A court is not bound by it and can choose whether to follow it or not.

Question 27

Words associated with criminal law

Answer 27

Accused
Offender
Crime
Imprisonment
Prosecution

Question 28

Words associated with civil law

Answer 28

Plaintiff-Person who makes the claim
Defendant- alleged to have breached a civil law
Tort
Remedy
Damages

Question 29

What is the order of the court hierarchy

Answer 29

High court of AUS
Supreme Court of VIC (court appeal)
Supreme Court of VIC ( trial division)
County court of VIC
Magistrates Court of VIC

Question 30

What is the importance of the snail in a bottle case

Answer 30

It established various legal principles around when one person may be negligent towards another person, and when one person may have duty of care to another