legal foundations Flashcards

chapter 3

1
Q

Social cohesion

A

A term used to describe the willingness of members of a society to cooperate with each other.

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2
Q

Fairness

A

A principle of justice which means all people can participate in the justice system, and its processes should be impartial and open.

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3
Q

Equality

A

A principle of justice which means all people engaging with the justice system and its processes should be treated in the same way; if the same treatment creates disparity or disadvantage, adequate measures should be implemented to allow everyone to engage with the justice system without disparity or disadvantage.

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4
Q

Access

A

A principle of justice which means that 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 legal system.

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5
Q

List the characteristics of an effective law

A

Reflect society’s values, be enforceable, be known, be stable, be clear and understood

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6
Q

Parliament

A

Refers to all members

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7
Q

Government

A

Refers to the elected political party

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8
Q

Statute law

A

A law or act passed by government

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9
Q

Royal Assent

A

A bill must be signed by the Monarch’s representative in order for it to become law. This process is called giving royal assent

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10
Q

Common law

A

Common law is developed by judges on a case by case basis

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11
Q

Statatory Interpretation

A

Interpreting and applying statute laws in relation to a particular case

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12
Q

Setting a precedent

A

When courts decide on an issue that does not have legislation or expand on previous legislation.

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13
Q

Ratio decidendi

A

The court’s reasoning for its decision.

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14
Q

Stare decisis

A

Let the decision stand; decisions are based on precedents from previous cases

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15
Q

Binding precedent

A

Binding precedents must be followed by courts that are lower in the same court hierarchy

A precedent is considered to be binding on a new case when:
- the material facts of the precedent are similar to the material facts of the new case
- the precedent was set in a higher court in the same hierarchy as the court hearing the new case

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16
Q

Persuasive precedent

A

Persuasive precedents do not have to be followed; courts can choose to follow them.

A precedent is persuasive when:
- a court in another state or country set the precedent (as this court is not in the same court hierarchy)
- a lower court set the precedent
the same court set the precedent.

17
Q

What is RODD?

A

RODD is an acronym explaining the conditions where a judge can develop or avoid earlier precedents

18
Q

What does RODD stand for?

A

R - Reversing
A precedent can be reversed when the same case is taken to a higher court on appeal.
O - Overruling
A precedent can be overruled by a higher court in a different case.
D - Disapproving
In some instances, a court is bound by a precedent but expresses disagreement with the precedent. The court encouraged Parliament is change the precedent.
D - Distinguishing
If the material facts of a case are sufficiently different from the material facts in a binding precedent, a lower court may not have to follow the precedent.

19
Q

Codification of common law

A

When parliament passes an Act of Parliament that reinforces a principle established by a court

20
Q

Abrogation of common law

A

When parliament passes an Act of Parliament that overrides a principle established by a court

21
Q

Ability of courts to influence parliament

A

Courts can influence changes in the court through the comments made by judges

22
Q

Social cohesion allows for…

A
  • Social justice
  • A sense of belonging
  • Acceptance
  • Political participation
  • A sense of worth
23
Q

Describe the role of laws in social cohesion

A

Laws provided guidelines of acceptable and unacceptable behaviour. They apply to everyone.

24
Q

Describe the role of individuals in social cohesion

A

It is the responsibility and expectation that individuals are aware of laws, follow laws, respect human rights and assist in legal processes.

25
Q

Describe the role of the legal system in social cohesion

A

The legal system deals fairly with individuals, applying punishments to maintain social cohesion. They update laws to stay relevant in a changing society.

26
Q

Features of fairness

A

Impartial processes, open processes, and participation

27
Q

Examples of equality

A

Extra assistance is given to disadvantaged (Disabled, non English speaking, etc) individuals

28
Q

Examples of access

A

Information about legal processes is accessible in multiple different languages

29
Q

Describe the court hierarchy

A

(In order of highest to lowest)
High Court, Supreme Court (Appeal), Supreme Court (Trial), County Court, Magistrates Court

30
Q

Why is there a court hierarchy?

A
  • Specialised in particular area
  • Can appeal to higher court
  • Efficiency
  • Doctrine of precedent
31
Q

Role of the courts

A

Primary role - To resolve disputes
Secondary role - To make common law