VCE Legal Studies Practice Sac Questions Unit 1 AOS 1 Flashcards
Outline two ways that individuals help to achieve social cohesion
Once laws that enable social cohesion are in place, individuals are responsible for ensuring that they are aware of the laws and abide by them. Individuals can also help to achieve social cohesion by assisting the police with their investigations, reporting crimes, and using the legal system to resolve any disputes.
Identify the three principles of justice and explain one of these in detail
The three principles of justice are Equality, fairness, and Access. Access is the principle of justice that means all people should be able to engage with the justice system and its processes on an informed basis. That is, they should have the means and ability to be able to use and participate in the system. This includes courts, tribunals, and institutions that provide legal advice, such as lawyers, community legal centres and legal Aid.
Explain the purpose of criminal law and civil law. In your answer give two examples of a criminal and a civil law
The purpose of criminal law is to protect the interests of society as a whole and regulate the behaviour of individuals as members of society through enforcing codes of criminal law developed by statutes and the courts to impose sanctions. Two examples of criminal laws include murder and sexual assault. An example of a criminal case is the case of Deing v Tarola 1993 (Vic), also known as the studded belt case, where the accused was charged with possessing a dangerous weapon under the Control of Dangerous Weapons Act 1991 (Vic).
The purpose of civil law is to remedy a civil wrong to enforce an individual or a group’s rights when they have been infringed by seeking to restore the plaintiff to their original position before the infringement or action. An example of a civil law case studied in class is the Rebel Wilson case involving a case of defamation against Bauer media group.
Distinguish between statute and common law
Common law is law developed by courts through judicial decisions, whereas statute law is legislation made by parliament. Common law is created when courts interpret and apply legal principles in cases where no statute exists, such as the law of negligence established in Donoghue v Stevenson (1932). In contrast, statute law is written and passed by parliament, such as the Crimes Act 1958 (Vic), which defines criminal offences and penalties.
Describe two characteristics of effective law. Use examples to illustrate
An effective law must be clear and understood to ensure compliance. If a law is ambiguous or overly complex, individuals may struggle to follow it, undermining its enforceability. For example, Victoria’s neighbourhood tree dispute laws lack clarity, making it difficult for parties to resolve legal disputes effectively. Additionally, laws must be known so that individuals can exercise their rights and responsibilities. While ignorance of the law is not a defence, lawmakers have a duty to publicize legislative changes. For instance, Victoria’s 2021 rental property standards were widely disseminated through media platforms to ensure public awareness and compliance.
Describe how the legal system and the law ensure social cohesion and the protection of the rights of individuals.
The legal system ensures social cohesion by enforcing laws through institutions such as the police and courts, which deter unlawful behavior and resolve disputes. For example, courts impose sanctions on offenders, reinforcing societal expectations. Additionally, the law protects individual rights by setting clear expectations for behavior, such as anti-discrimination laws that promote equality. By maintaining order and upholding rights, the legal system fosters a stable and just society.
Scenario: In the case Grant V Australian Knitting Mills Ltd {1936} AC 85, the court followed the ‘neighbour principle’ which was the principle of law established in the case of Donoghue V Stephenson {1932} ALL ER Rep 1, Which ruled the manufacturer owed a duty of care to the ultimate consumer.
Question: Identify the source of law that the statement refers to. Justify your answer
The source of law is common law, which is law made by judges in courts through decisions made in cases. The source of law that the statement refers to is common law, which is indicated by the reference to the ‘neighbour principle’ which is a principle of law established in the case.
Explain the relationship between parliament and the courts. In your answer, refer to common law and statute law and provide an example.
The Parliament of Victoria creates laws through Acts, while courts apply and interpret them when needed (statutory interpretation), as seen in Deing v Tarola (1993) regarding the definition of “weapon.”
Parliament can codify precedents into statute law, such as the 2005 codification of self-defense principles in the Crimes Act 1958. Courts can also influence Parliament by suggesting legal changes, as in the Trigwell case (1979), where the judge highlighted issues with existing common law.
Rank all the six courts in the Australian court hierarchy
1) High Court
2) Supreme Court
- Supreme Court of Appeal
-Supreme Court Trial Division
3) County Court
4) Magistrates Court of Victoria
‘The Victorian courts are arranged in a hierarchy from the lowest to the highest court’. Explain three benefits for the existence of a court hierarchy.
The Victorian court hierarchy provides several benefits, including appeals, administrative convenience, and specialisation. The appeals process allows dissatisfied parties to seek a review of a decision in a higher court, ensuring errors can be corrected and justice is upheld. Administrative convenience improves efficiency by assigning minor cases to lower courts, like the Magistrates’ Court, while more complex cases are handled by higher courts, such as the Supreme Court, reducing delays. Additionally, specialisation ensures that courts develop expertise in particular areas of law, leading to more consistent and informed decision-making. These benefits contribute to a fair and effective legal system.
Justify the existence if the Victorian court hierarchy
The Victorian court hierarchy is a fundamental part of the legal system. It provides resolving disputes efficiently, enables the access to justice and provides a means creating and applying the law. One reason which supports the existence of the Victorian court hierarchy is the system of appeals which would allow parties to have a sentence reviewed in a higher court. Without the existence of a court hierarchy, there would be no court to appeal to. This would inhibit fairness and entrench errors into the legal system.
