Unit 1: Legal Studies

Question 1

Define laws

Answer 1

Law are legal rules that everyone in society must follow
-Made by parliament or the courts
-Interpreted by the courts
-Enforced by the police
-Breaking the law leads to sanctions

Question 2

Define rules

Answer 2

Rules are non-legal guidelines which apply to a specific group of people
For example, House-hold rule, sporting rules, club rules
-Made by non-legal institutions e.g. families, sporting clubs
-Interpreted by Presidents/Parents/Club officials
-Enforced by non-legal individuals e.g. empires, parents
-Breaking the law leads to a ban, a fine or being grounded

Question 3

Why are laws necessary?

Answer 3

Laws are necessary to achieve social cohesion, which means having a community where people are able to live and interact with each other in a peaceful manner

Laws:
-Recognizing rights and responsibilities
-Establishing codes of behavior
-Establishing ways to resolve disputes

Question 4

Characteristics of an effective law

Answer 4

-Known: Laws must be known in order for people to follow them. Ignorance of the law is not an excuse
-Enforceable: Laws need to be enforceable to ensure that justice can occur; for example, fining the homeless isn’t good enforcement of a law
-Laws should reflect value of society: the law should reflect the moral values and beliefs of the society in which it exists
-Laws should be stable: laws shouldn’t continue to change rapidly otherwise they may be confusing and inconsistent
-Laws should be clear and understandable: laws should be written in a way that is easily understood by the community

Question 5

Differences between laws and rules

Answer 5

-Laws are made by parliament or the courts whereas rules are made by non-legal institutions
-Laws must be adhered to by all people of society whereas rules only apply to a specific group of people
-Laws, when breached, lead to legal sanctions whereas rules aren’t as legally binding and can lead to a ban, fine or being ‘grounded’

Question 6

Federal Parliament

Answer 6

-Located in Canberra
-227 members, split between 76 in the Senate and 151 in the House of Representatives (Bicameral system)
-Laws are made for all the people in Australia
-Responsible for making laws related to: defense, taxation, foreign policy, Medicare and immigration

Question 7

Victorian Parliament

Answer 7

-Located in Spring st, Melbourne
-Bicameral system, with Legislative Assembly and Legislative Council
-Laws are made for Victorian citizens
-Responsible for making laws related to: schools, hospitals, roads and railways, police, prisons

Question 8

Local Councils

Answer 8

-500 local councils across Australia
-Representatives are elected members, who normally have 4 year terms
-Laws are made for the people living in those municipalities
-Responsible for making by-laws related to: parking, waste management, town planning, pet control and recreational facilities

Question 9

Magistrates court

Answer 9

-Lowest court in court hierarchy
-Presided over by a single magistrate
-Case jurisdiction is only summary offences; for example, some matters heard include bail applications, traffic infringements, minor assault, theft up to $100,000, damage to property
-Cannot hear appeals
-Jury is not used

Question 10

County court

Answer 10

-Middle of the court hierarchy
-Presided over by a single judge
-Hears all indictable offences except for homicide; for example, robbery, rape, culpable driving, drug trafficking, serious assault
-Can have a jury of 12 people if the accused pleads not guilty
-Can hear appeals

Question 11

Supreme Court (trial division)

Answer 11

-Highest court in the the Victorian court hierarchy
-Hears indictable offences such as treason, attempted murder
-Presided over by a single judge
-Can have a jury of 12 if accused pleads not guilty
-Can hear appeals

Question 12

Supreme court (court of appeals)

Answer 12

-Presided over by three judges
-Hears any appeals from both County and Supreme Court
-No jury present
-Cannot hear trials
-Judges can: order a retrial of the case, change the decision in the case,
or conclude that there was no error

Question 13

What is common law

Answer 13

Common law is a decision handed down by the judge creates new common law. It is a court- made law and acts as precedent for courts to follow in future cases.

Question 14

What is Statute law

Answer 14

Statues or Statute law are laws that are created by parliament.

Question 15

What is precedent?

Answer 15

A legal principle developed by the courts

Question 16

What is binding precedent?

Answer 16

A precedent that must be followed by lower courts in similar cases.

Question 17

What is persuasive precedent?

Answer 17

A precedent that doesn’t have to be followed by the court hierarchy. It is simply persuasive, not binding (aka common law)

Question 18

Aim of criminal law

Answer 18

The aim of criminal law is to protect society as a whole.

Question 19

Aim of civil law

Answer 19

The aim of civil law is to protect the rights of individuals.

Question 20

Definition of a crime

Answer 20

An action or omission which constitutes an offence and is punishable by law.

Question 21

What are the parties involved in a criminal case?

Answer 21

Prosecution - legal counsel representing the state/crown
Defense - legal counsel representing the accused person

Juries
-Compulsory in County and Supreme Courts. Made up of 12 jurors
-Not used in the Magistrates’ court

Question 22

What are the parties involved in a civil case?

Answer 22

Plaintiff - The party that brings the matter to court - the aggrieved
Defendant - the person against whom a civil action is brought

Juries
-Optional in civil trials; must be requested by one of the parties. Made up of 6 jurors

Question 23

“An act alone does not make you guilty, unless you have a guilty mind”.

Answer 23

For a person to be found guilty, the following elements must be proven to have existed when the offence occurred:
a) Actus reus (a wrongful act)
b) Mens rea (a guilty mind)

Question 24

Criminal law concept: Presumption of innocence

Answer 24

A person accused of committing a crime is innocent until proven guilty by a court of law.

Question 25

Criminal law concept: Burden of proof

Answer 25

The prosecution must prove that the accused person is guilty beyond reasonable doubt

Question 26

Criminal law concept: Standard of proof

Answer 26

Beyond reasonable doubt

Question 27

Criminal law concept: Outcomes

Answer 27

Sanction (e.g. Fine, imprisonment, community corrections order)

Question 28

Civil law concept: Burden of proof

Answer 28

The plaintiff must prove on the balance of probabilities that the defendant is liable for their loss

Question 29

Civil law concept: Standard of proof

Answer 29

On the balance of probabilities (more likely than not what the plaintiff is alleging did actually occur)

Question 30

Civil law concept: Outcomes

Answer 30

Remedies {damages (compensation) or injunctions (court order to stop or start doing something)}

Question 31

Civil law concept: Breach, Causation, Loss

Answer 31

-Breach: Breaking or failing to fulfil a duty or obligation
-Causation: There must be a direct link between the breach and loss
-Loss: A type of harm or damage suffered by a person, which can involve both economic and non-economic loss (e.g. Financial, physical, psychological)

Question 32

Examples of a civil law breach

Answer 32

-Negligence- Negligence occurs when a person behave in a careless or reckless manner that results in an injury to another
-Defamation- a written or oral statement that injures a person’s good reputation
-Trespass- direct and intentional interference with a person or their good or land

Question 33

Define human rights and the name of the international declaration that includes the rights

Answer 33

Human rights are the basic standard in which each person should be treated and valued. simply for being human.
-The Universal Declaration of Human Rights

Question 34

What are the 5 express rights in our constitution?

Answer 34

There are five explicit individual rights in the Australian Constitution:
1. Protection against acquisition of property on unjust terms
2. The right to a trial by jury for indictable Commonwealth offences
3. Freedom of religion
4. Prohibition of discrimination on the basis of state of residency
5. Freedom of trade between states shall be free

Question 35

Acts that uphold rights in Australia

Answer 35

Australia has anti-discrimination legislation that protect human rights.
- Disability discrimination act
- Racial discrimination act
- Sex discrimination act
- Age discrimination act

Question 36

What is the Victorian Charter of Human Rights?

Answer 36

The Charter of Human Rights and Responsibilities is a Victorian law that sets out the basic rights, freedoms and responsibilities of all people in Victoria. It is about the relationship between government and the people it serves

Question 37

How does the Charter aim to protect rights?

Answer 37

The Charter requires public authorities, such as Victorian state and local government departments and agencies, and people delivering services on behalf of the government, to act consistently with the human rights in the Charter.

Question 38

3 examples of the rights protected under the Charter

Answer 38

-Right to life
-Right to freedom of movement
-Right to freedom of expression