Unit 1 Area of Study 1 Flashcards
The presumption of innocence
Role of individuals in achieving social cohesion
To ensure they are aware of the laws and to abide by them
Role of laws in achieving social cohesion
To provide guidelines to what behaviour is acceptable and how individuals should behave
Role of the legal system in achieving social cohesion
To deal fairly and justly with individuals when they have broken a law or breached someone’s rights
How does the role of laws, individuals and the legal system protect individuals rights
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
How is fairness achieved in the legal system
- Impartial processes
- Open processes
- Participation
How is equality achieved in the legal system
By treating all people involved in a case fairly regardless of their characteristics
How is access achieved in the legal system
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
What are the characteristics of an effective law
- Laws must reflect society’s values
- Laws must be known
- Laws must be clear and understood
- Laws must be stable
- Laws must be enforceable
What is the role of parliament
The main role of parliament is to make laws. Each parliament can make or change laws within it’s area of law-making power
What are the two Houses of Parliament
The House of Representatives (lower house)
The Senate (upper house)
What is the role of the House of Representatives
-To form government
-To represent the people in its roles
-To introduce and pass bills
-Review any bills passed by the Senate
What is the role of the Senate
-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
What is the role of the courts in law-making
To resolve disputes and enforce the law peacefully
What are the features of the relationship between parliament and the courts
- The interpretation of statutes by courts (statutory interpretation)
- The codification of common law
- The abrogation of common law
- The ability of courts to influence parliament
What’s the difference between common law and statute law?
Common law is made by judges through decisions made in cases whereas a statute is introduced and passes through parliament and receives royal assent
What is the lower house in the Victorian parliament called
The Legislative assembly
What is the upper house in the Victorian parliament called
The Legislative council
What are the reasons for a court hierarchy
- Specialisation and expertise
- Appeals
- Administrative convenience (
- Doctrine of precedent (decisions of higher courts are binding on lower courts)
What is criminal law
A body of law that protects the community by establishing crimes and sanctions Eg. Murder, assault, theft
What is civil law
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
What is the relationship between criminal law and civil law
The same behaviour can give rise to both a criminal case and a civil dispute
What is ratio decidendi
A Latin term meaning ‘the reason’ the legal reasoning behind a judges decision
What is Stare decisis
A Latin term meaning ‘let the decision stand’ the basic principle underlying the doctrine of precedent
What is a precedent
A principle established in a legal case that should be followed by courts in later cases with similar material facts
What is binding precedent
A binding precedent is one that must be followed by courts that are lower in the same court hierarchy
What is persuasive precedent
One that does not need to be followed. A court is not bound by it and can choose whether to follow it or not.
Words associated with criminal law
Accused
Offender
Crime
Imprisonment
Prosecution
Words associated with civil law
Plaintiff-Person who makes the claim
Defendant- alleged to have breached a civil law
Tort
Remedy
Damages
What is the order of the court hierarchy
High court of AUS
Supreme Court of VIC (court appeal)
Supreme Court of VIC ( trial division)
County court of VIC
Magistrates Court of VIC
What is the importance of the snail in a bottle case
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