Unit 1 Outcome 1

Question 1

Social cohesion

Answer 1

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

Question 2

Role of Law

Answer 2

They establish a framework for people to obey, set expectations for people to live by, and they protect society as everyone is bound by law and will face consequences if they do not follow the law.

Question 3

Role of Individuals

Answer 3

To be aware of the law, and abide by the law, respect human rights and help police with investigations, and individuals should make use of the legal system.

Question 4

Role of legal system

Answer 4

Apply the laws via police by arresting and investigating. Enforcing the laws via court by providing consequences. The legal system ensures that rights and safety of an individual is protected and consequences are given to offenders.

Question 5

Known

Answer 5

Public must know about the law, individuals should research the law and law makers should ensure that the public is informed.

Question 6

Clear and Understood

Answer 6

It should be worded simply and should avoid overly complicated language which is lacking in clarity.

Question 7

Attitudes of society

Answer 7

Reflect what the majority of society accepts and believes in.

Question 8

Stable

Answer 8

The law should not change so frequently that it is difficult to keep up with.

Question 9

Enforceable

Answer 9

It must be possible to catch and punish/ sue someone for a certain crime.

Question 10

Statute Law

Answer 10

Law made by parliament (Act of parliament, Act, Legislation, Statute)

Question 11

Common law

Answer 11

A law made by judges through making decisions when applying laws to resolve a case (precedent, Judge or court made law, legal principle) `

Question 12

Court hierarchy

Answer 12

HIGH COURT - Federal
SUPREME COURT OF APPEAL ——-
SUPREME COURT TRIAL DIVISION |
COUNTY COURT. | Victorian
MAGSTRATES COURT ——-

Question 13

Specialisation

Answer 13

Courts develop expertise in dealing with certain types of cases that come before them

Question 14

Appeal

Answer 14

The hierarchy enables the parties to a court case to appeal to a higher court if they are not satisfied with the decision in a lower court.

Question 15

Doctrine of precedent

Answer 15

Law making through the courts depends on a decision being made in a higher court which is binding on lower courts. This enables individuals, and lawyers to better predict the likely outcome of a case

Question 16

Administrative convenience

Answer 16

The courts have different jurisdictions to hear different matters, it allows for smaller and minor cases to be heard in the magistrates court, and more complex and larger cases to be heard in the county or supreme court. This allows for some efficiency or convenience with the way cases are heard.

Question 17

Impacts of courts on parliament

Answer 17

• Influencing parliament
• Statutory interpretation

Question 18

Impact of parliament on courts

Answer 18

• Codifying common law
• Abrogation of common law

Question 19

Statutory interpretation

Answer 19

Process by which a judge interprets the words or phrases of a statute in order to give the meaning so they can apply them to the facts of a dispute.

Question 20

Codification

Answer 20

Process of parliament enshrining a precedent in legislation

Question 21

Abrogation of law

Answer 21

Process of parliament passing legislation to override. cancel a common law principle created by the courts.