Unit 1 area of study 1 legal foundations

Question 1

Rules

Answer 1

what: Non-legal rules which are regulations codes policies
who: made by private individuals and apply to a specific group of people
Where: households schools work sport
How:

Question 2

Laws

Answer 2

What: Legal rules
Who: made by legal institutions and apply to society
Where: parliaments and courts
How: enforceable by courts and police

Question 3

Date of Australia’s federation

Answer 3

January 1st 1901

Question 4

Parliament

Answer 4

is a formal assembly made up of representatives of people who are elected by the people to make laws, with exception to the governor general.

Question 5

Why is the constitution significant

Answer 5

It establishes parliament/establishes the law making powers of Cth + States/establishes the judicial role of high court/establishes how the constitution can be changed.

Question 6

Social cohesion

Answer 6

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

Question 7

Indicators of socially cohesive society

Answer 7

People can work and improve their education
individuals feel sense of acceptance and belonging
individuals are treated fairly and not discriminated against

Question 8

Dysfunctional society

Answer 8

Crime, non peaceful protest, recidivism

Question 9

How individuals can promote social cohesion

Answer 9

It is the Responsibility of individuals to follow the law once they are aware of them

Question 10

How the law can promote social cohesion

Answer 10

Set up guidelines for what is acceptable
Create boundaries to protest individuals
Establish ‘rule of law’

Question 11

How the legal system can promote social cohesion

Answer 11

Promotes social cohesion by ensuring that institutions exists to effectively create, implement and enforce the law

Question 12

5 characteristics of an effective law

Answer 12

Reflect society’s values
Are enforceable
Are known
Are clear and understandable
Are stable

Question 13

Enforceable

Answer 13

If it were not possible to reprimand those who break the law, people would be less inclined to follow it
Those who break the law may be apprehended and charged in a criminal case or sued in civil proceedings
The law is enforced in Australia by the courts, police and various government bodies.

Question 14

Known

Answer 14

The public must be aware of a law in order to follow it
However it is the responsibility of individuals to find out what the law is on matters that affect them.ignorance of law is no excuse
Law makers must keep public informed of new laws or major changes to law these are usually reported and debated in media before being introduced

Question 15

Reflect society’s values

Answer 15

A value is a belief, principle or idea about the way we should behave and treat others which are deemed important to uphold
As laws regulate and restrict our actions it is vital that they are acceptable to the community. If a law is accepted within society, members are more inclined to follow it.
• This is a major reason for law reform, as laws must change with to align with current societal values

Question 16

Stable

Answer 16

• Laws cannot be constantly changing otherwise there will be confusion. People need to be confident that the law can be relied on.
• Law-making bodies should attempt to forecast changes that may occur in the future as they are making new laws or changing existing ones.
Question

Question 17

Clear and understandable

Answer 17

Legislative drafters write legislation with a purpose in mind - they must be consistent and precise with their wording so that the law can be interpreted and understood clearly by people in society.
• If a law is ambiguous, unclear or written in technical legal jargon, it is less likely to be followed.
• For example, in Victoria there has recently been calls to change the laws about neighbourhood tree disputes. Tree disputes are incredibly common and yet the law for dealing with such conflicts is convoluted.

Question 18

Victorian court hierarchy

Answer 18

High court
Supreme Court-court of appeal
Supreme court- trial division
County court
Magistrate court

Question 19

Reasons for court hierarchy

Answer 19

Specialisation
Appeal
Administrative convenience
Precedent

Question 20

common law

Answer 20

is judge made law

Question 21

doctrine of precedent

Answer 21

legal principle established by judges that should be followed by courts in later cases when similar facts

Question 22

binding and persuasive precedent

Answer 22

binding= must be followed courts in same system
persuasive= does not have to be followed

Question 23

ratio decidendi and obiter dictum

Answer 23

ratio decidendi: the reason for the decision
obiter dictum : by the way (persuasive)

Question 24

developing or avoiding precendent

Answer 24

Distinguishing – material facts in the new case are sufficiently different from the material facts in the
binding precedent
Overruling – a higher court states that the precedent set by a lower court in a different case no longer
applies. The higher court then sets a new precedent that becomes binding on lower courts
Reversing – the same case is appealed to a higher court and the superior court changes the decision of
the lower court. The higher court has set a new precedent that becomes binding on lower courts
Disapproving – a court follows a binding precedent but expresses disagreement with it in its obiter
dictum. This does not change the precedent but may be considered by a higher court in the future

Question 25

donoghue v stevenson

Answer 25

a bottle of ginger beer contained a snail inside and ms donoghue drank it and fell ill however couldn’t sue the cafe as she didnt purchase the beer

Question 26

Statutory interpretation

Answer 26

Judges are often called upon to interpret the meaning of words in a
statute when applying it to a case before the court.

Question 27

codification

Answer 27

As the supreme law-making body, parliament can make legislation that codifies (reinforces, confirms)
precedent set by a court
eg self defence

Question 28

abrogation

Answer 28

As the supreme law-making body, parliament can make legislation that abrogates
(overrides, abolishes) a common law principle.
why : doesn’t align with way parliaments intent
also applied in way they don’t agree

Question 29

judicial influence

Answer 29

In their judgements, courts may influence parliament to change the law by
commenting on the need for reform.
unjust or outdated
parliament in better position to change