legal foundations Flashcards
chapter 3
Social cohesion
A term used to describe the willingness of members of a society to cooperate with each other.
Fairness
A principle of justice which means all people can participate in the justice system, and its processes should be impartial and open.
Equality
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.
Access
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.
List the characteristics of an effective law
Reflect society’s values, be enforceable, be known, be stable, be clear and understood
Parliament
Refers to all members
Government
Refers to the elected political party
Statute law
A law or act passed by government
Royal Assent
A bill must be signed by the Monarch’s representative in order for it to become law. This process is called giving royal assent
Common law
Common law is developed by judges on a case by case basis
Statatory Interpretation
Interpreting and applying statute laws in relation to a particular case
Setting a precedent
When courts decide on an issue that does not have legislation or expand on previous legislation.
Ratio decidendi
The court’s reasoning for its decision.
Stare decisis
Let the decision stand; decisions are based on precedents from previous cases
Binding precedent
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