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Law > The role of the courts, individuals and justice system > Flashcards

The role of the courts, individuals and justice system Flashcards

1
Q

Define social cohesion

(describe the willingness of members)

A

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

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2
Q

know two ways individuals help achieve social cohesion

obey the law) (resolve their disputes

A
  • Responsibility of everyone to obey the law

- Using the legal system to resolve their disputes

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3
Q

the principle of justice

(moral obligation) (fair legal system0

A

The moral obligation to act based on a fair legal system of competing claims. As such, it is linked to fairness, entitlement, and equality

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4
Q

what is an effective law

A

An effective law must be able to be enforced. Law enforcers must be able to catch those who break the law and bring them to justice.

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5
Q

characteristics of effective law examples

A
  • Reflect society views
  • Be enforceable
  • Be known
  • Be clear and understood
  • Be stable
    If one of these is missing, then it is possible that the law is not as effective as it could be.
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6
Q

The role of parliament

A

Parliament’s role is to make and review laws

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7
Q

the Commonwealth parliament

A
  • The queen (often referred to as the crown) represented by the governor-general
  • The Senate (upper house)
  • The house of representatives (Lower house)
    The role of the Commonwealth Parliament is to pass laws for the country in its area of law-making
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8
Q

 Sources of common law

A

Laws that are made in court by judges

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9
Q

statute law

A

Proposed laws or bills that are drafted by politicians in parliament and agreed upon by the majority of both houses of parliament become law.

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10
Q

binding precedent

A

the legal reasoning for a decision of a higher court that must be followed by a lower court in the same jurisdiction

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11
Q

persuasive precedent

A

that is, the court is not bound by it, but can choose to follow it or
can be persuaded by it

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12
Q

Define crime

A

a system of law concerned with the punishment of the offender

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13
Q

Purpose of criminal law

A

Criminal law protects citizens from criminals who would inflict physical harm on others or take their worldly goods.

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14
Q

characteristics of a civil law

A
  • A remedy should provide a legal solution for the plaintiff for a breach of the civil law by the defendant
  • The two parties to a civil dispute are the plaintiff_ (being the party who makes a claim), and
    the defendant (who the plaintiff_ alleges has infringed the plaintiff’s rights).
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15
Q

characteristics of criminal law

A
  • ## If the accused is found guiltily of that offense, a sanction may be imposed on that person
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16
Q

Fairness

A

Treatment or behavior without favoritism or discrimination, free form bias or injustice.

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17
Q

Equality

A

All persons are equal before the law. No one is above the law.

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18
Q

Access

A

The principle of the justice system should endeavor to ensure everyone has access to the law considering financial, physical, mental or social disadvantages.

19
Q

commonwealth Parliament

A

The parliament of Australia or the federal parliament is a bicameral parliament. (A parliament with two houses)

20
Q

House of representatives

A
  • The main roles of the house of representatives are to represent the people
  • Introduce and pass proposed laws (bills)
  • Review bill passed by the senate and form government
21
Q

Senate

A
  • Represent the interest of the state and territories of Australia
  • Review bills passed by the House of Representatives
22
Q

Legislative Assembly 2

A
  • To introduce and pass bills and to form the Victorian Government.
  • The government consists of members of a political party
23
Q

Legislative Council 1

A
  • Introduce bills and review bills passed by the Legislative Assembly
  • The Legislative Council can reject or amend bills passed by the Legislative Assembly
24
Q

Victorian court structure

A

Magistrate court. 3
County court. 2
Supreme court. 1

25
Q

The role of courts

A

the role of courts is to apply the law by hearing and making decisions in cases.

26
Q

What does social cohesion mean?

A
  • This means that individuals are free to make choices in society and are willing to cooperate with other members of society so that they may live in harmony.
27
Q

What does social cohesion ensure?

A
  • In addition to achieving social cohesion, a functioning society ensures that the rights of individuals are protected.
28
Q

The role of individuals

All these acts help to ensure a society which is cohesive and in which rights are upheld

A
  • Responsibility of everyone to obey the law
  • Expected to respect human rights
  • Assist police or law enforcement with their investigation, reporting crime
  • Using the legal system to resolve their disputes.
29
Q

What is a social cohesive society?

Overall social cohesion is about individuals working together and living in harmony.

A
  • Individuals are free to make choices in a society, and are keen to cooperate with members of society so that they may live in harmony.
  • Members are unified, provided with opportunities, work together to challenge disharmony.
30
Q

What chater upholds the principle of fairness?

A

the charter of human rights and responsibilities’ act 2006 (Vic )

31
Q

If people are treated differntly is fair?

A

if they are treated differently, it should be because of the laws that have been applied, and because of the circumstances of the case, and not because the person has been discriminated against because of a personal attribute or characteristic.

32
Q

Common law

A

Decisions of superior courts that are legally binding on future decisions, and therefore are part of our laws

33
Q

The role of courts

A
  • Aplly the law to resolve disputes at hand
34
Q

Statue law, Legislation, Act of parliament

A

Proposed laws or bills that are drafted by politicians in parliament and agreed upon by the majority of both houses of parliament become law.

35
Q
  • Precedent does not apply to
A
  • Precedent does not apply to a sanction (the sentence in a criminal case) or a remedy (compensation in a civil dispute) handed down by the court
36
Q

precedent is

A

is the reason given for the decision that is the precedent.

37
Q
  • Ratio decidendi
A

The reason’; the legal reason behind a judge’s decision Ration decidendi forms the binding part of a precedent.

38
Q
  • Stare decisis
A

‘Let the decision stand’ meaning to stand by what has been decided

39
Q
  • Binding precedent
A

the legal reasoning for a decision of a higher court that must be followed by a lower court in the same jurisdiction

40
Q
  • A precedent can be persuasive
A

(that is, the court is not bound by it, but can choose to follow it or
can be persuaded by it)

41
Q

Examples of crime

A
  • • crimes against person – assault, rape, manslaughter, murder
  • • crimes against property – theft, property damage, robbery, deception
  • • crimes against morality – prostitution, illegal use of drugs
  • • crimes against the legal system – perjury, contempt of court
  • • crimes against the state – treason
42
Q

Words commonly used in a criminal case

A
  • prosecution, the Crown, the state – the party bringing the case on behalf of the state
  • • accused – the person who has been charged with an offence
  • • suspect – the person who is suspected of having committed a crime
  • • guilty/not guilty – the person can be found guilty or not guilty
  • • charge – when the police formally allege that a person has committed a crime
  • • sanction – the penalty handed down by the court on the offender
  • • conviction – when an offender has been found guilty, the court records a conviction (the guilty verdict), although in some instances a court decides not to record a conviction so the offender does not have a criminal record.
43
Q

Civil law

A

is an area of law that regulates disputes between individuals and groups and seeks to enforce rights where harm has occurred.

44
Q

Examples of civil laws

A
  • • tort law – negligence, trespass, nuisance, defamation
  • • family law – marriage, divorce, adoption, de facto relationships
  • • industrial and workplace laws – occupational health and safety, working conditions, work contracts, workplace agreements, union disputes
  • • consumer law – tenancy agreements, sale of goods, advertising laws
  • • property law – wills, planning laws, real estate
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Law (23 decks)

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