VCE Legal Studies Practice Sac Questions Unit 1 AOS 1 Flashcards
Outline two ways that individuals help to achieve social cohesion
Identify the three principles of justice and explain one of these in detail
Explain the purpose of criminal law and civil law. In your answer give two examples of a criminal and a civil law
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, ensuring that individuals can comprehend and follow it. If a law is ambiguous or overly complex, it may lead to confusion and non-compliance. For example, Victoria’s neighbourhood tree dispute laws are difficult to interpret, making it challenging for people to resolve disputes over overhanging branches and encroaching roots, which can disrupt social harmony. Additionally, laws must be known to the public so individuals are aware of their rights and responsibilities. While people are responsible for knowing the law, the government must also publicize new laws. For instance, Victoria’s 2021 rental property standards were widely shared on social media and news platforms to ensure public awareness and compliance.
Describe how the legal system and the law ensures social cohesion and the protection of the rights of individuals.
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 referred to in the statement is common law. This is because the statement discusses the development of legal principles through judicial decisions in past cases. Specifically, the reference to the ‘neighbour principle’ established in the case of Donoghue v Stevenson (1932), and later followed in Grant v Australian Knitting Mills Ltd (1936), highlights the way that courts create and refine legal principles based on previous rulings. The principle that a manufacturer owes a duty of care to the ultimate consumer is an example of judge-made law, where courts establish legal precedents that guide future cases. Therefore, the law that is being referred to is derived from the judiciary, which is characteristic of common law.
Explain the relationship between parliament and the courts. In your answer, refer to common law and statute law and provide an example.
Parliament and the courts have an interdependent relationship in law-making, as both play essential roles in developing and interpreting the law. Parliament, as the supreme law-making body, creates statute law, which courts must apply in legal cases. However, courts also contribute to the legal system by developing common law (judge-made law) when there is no relevant statute or when interpreting legislation through statutory interpretation. For example, in the case of Donoghue v Stevenson (1932), the court established the principle of negligence, which influenced statutory developments in consumer protection laws. Additionally, courts can influence parliamentary decisions by highlighting inconsistencies or outdated laws, prompting law reform. Parliament, in turn, can override common law by passing legislation, as seen in the Native Title Act 1993 (Cth), which clarified land rights following the Mabo case. This dynamic ensures that laws remain relevant, consistent, and adaptable to societal needs.
Rank all the six courts in the Australian court hierarchy
‘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 existence of the Victorian court hierarchy provides several important benefits. One benefit is specialisation, where courts develop expertise by frequently handling similar types of cases. For example, the Magistrates’ Court specialises in minor offences, while the Supreme Court focuses on serious crimes like homicide. This division ensures that cases are dealt with efficiently and with the necessary expertise. Another benefit is administrative convenience, as the court hierarchy assigns less complex cases to lower courts, such as the Magistrates’ Court, and more complex cases to higher courts, like the County and Supreme Courts. This streamlines the legal process, allowing for efficient case management. Lastly, the hierarchy allows for appeals, enabling dissatisfied parties to seek a higher court’s review of a decision. This ensures that errors in legal rulings can be corrected, promoting fairness and accountability within the justice system. Together, these benefits contribute to a more organised and effective legal system.
