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LEGAL > AOS 1 - exam study > Flashcards

AOS 1 - exam study Flashcards

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1
Q

social cohesion

A

the willingness of members of society to cooperate with each other in order to survive and prosper.

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2
Q

elements of social cohesion

A

cooperate
survive
prosper

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3
Q

the role of laws in protecting individuals

A
  • apply to everyone
  • specify what is and is not acceptable behaviour
  • protect individual rights
  • specify how conflicts get resolved
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4
Q

the role of individuals in protecting eachother

A
  • follow laws
  • respect other people’s rights
    cooperate with law enforcement authorities
  • use legal system to resolve disputes
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5
Q

role of the legal system in protecting individuals

A
  • make laws
  • administer laws
  • enforce laws - consequences
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6
Q

principles of justice

A

fairness
equality
access

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7
Q

fairness - definition

A

All people can participate in the justice system and its processes should be impartial and open

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8
Q

Key words of fairness

A

Participation
Impartiality
Openness

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9
Q

Equality - definition

A

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

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10
Q

key elements of equality

A

Same treatment
Disadvantage to be corrected

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11
Q

access - definition

A

All people should be able to engage with the justice system and its processes on an informed basis.

Engagement
Information

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12
Q

characteristics of an effective law

A

Reflects society’s values
Is enforceable
Is known
Is clear and understood
Is stable

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13
Q

( characteristics of an effective law ) 1. reflects society values

A

If they do, more people will be more inclined to follow the law more often

Society’s values change over time – laws also need to change to reflect this

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14
Q

( characteristics of an effective law ) 1. example of reflects society’s values

A

Until 1981 there was no crime of rape within a marriage. “Marriage” was equivalent to consent.

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15
Q

( characteristics of an effective law ) 2. be enforceable -

A

law enforcement authorities (often the police) must be able to catch them and punish them’

individuals who suffered need to be able to seek an appropriate remedy

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16
Q

( characteristics of an effective law ) 3. Is known

A

It is actually on us to find out what the relevant laws are

So we rely on the media to keep an eye on these and report on major changes that affect lots of people

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17
Q

( characteristics of an effective law ) 4. clear and understood

A

People need to be able to know what the law means and what its intention is
A law that is unclear or ambiguous cannot be followed

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18
Q

( characteristics of an effective law ) 5. Be stable

A

If they are constantly changing, people cannot keep up with the changes and do not know what they can and cannot do

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19
Q

what is the commonwealth parliament made up off?

A

kings representative
lower house
upper house

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20
Q

roles of house of representatives

A

To form government
To initiate and make laws
To represent the people
To provide responsible government
To review bills passed by the Senate

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21
Q

HOR - To form the government

A

The political party that has the majority of seats in the House of Representatives forms government

The Prime Minister appoints ministers - they are given a particular ‘area’ to look after
called “the cabinet”

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22
Q

HOR - 2. To initiate and make laws

A

Proposed laws (bills) are usually introduced by the government however any member of the House of Representatives can introduce a bill

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23
Q

HOR - 3. To represent the people

Study These Flashcards
A

The House of Representatives plays a role in forming a representative government which reflects society

24
Q

HORS - 4. To provide responsible government

Study These Flashcards
A

Ministers are responsible (answerable) to the parliament and therefore to the people

25
HORS - 5. To review bills passed by the Senate
Whilst most bills start in the House of Representatives, bills can also start in the Senate
26
Senate main roles
Act as a house of review 2. Act as a state’s house 3. To initiate bills
27
senate - 1. Act as a house of review
As we know, a majority of bills are initiated in the House of Reps, therefore the Senate reviews the bills that have already passed through the lower house
28
senate 2. Act as a state’s house
When Commonwealth Parliament was created, smaller colonies were afraid of giving up too much power and were worried that bigger colonies would become more powerful in the Commonwealth
29
3. To initiate bills
DOES NOT HAPPEN OFTEN BUT CAN!!
30
Legislative Assembly - the basics
- Lower house of the Victorian Parliament - Victoria is divided into 88 electoral districts - Each member of the Assembly represents one district - 88 members of the Legislative Assembly - 4-year fixed term
31
Legislative Council - The Basics
- Upper house of the Victorian Parliament - Victoria is also divided into 8 regions with 5 members of the - Council elected from each region - 40 members of the Legislative Council - 4-year fixed term
32
laws passed by parliament can be called:
statutes or acts of parliament or legislation
33
common law
Common law is a legal system based on judges' decisions in courts, where past rulings (precedents) are used to decide future cases.
34
statute law
Statute law is law made by parliaments through the process of legislation. It is written and formally enacted as Acts or statutes.
35
vic court hierachy
high court supreme court of appeals supreme court trial div couny court of vic magistrates
36
Reasons for a Court Hierarchy
Specialisation Appeals Doctrine of precedent Administrative Convenience
37
specialisation
Courts can develop expertise in hearing and resolving certain types of disputes as they deal with these matters more often so they should get good at it; get familiar with
38
2. appeals
If you do not like the decision of the court in the first instance, you can appeal to a higher court to have it reviewed
39
3. doctrine of precedent
When they make decisions, courts sometimes contribute to the law of the land They do this by setting a precedent that other judges will follow if they hear a case with similar facts Lower courts have to follow precedents created by higher courts in the same jurisdiction when the facts are materially the same
40
4. Administrative Convenience
these claims can be heard more quickly and cheaply. Because there is a higher volume of smaller civil claims, there are a greater number of magistrates and Magistrates’ Courts across Victoria to deal with this.
41
role of the courts
Their main job is to resolve cases A secondary role of the courts is to make law
42
Stare decisis
like cases should be treated alike
43
Ratio Decidendi
When a judge gives a decision in a case, they will also provide the reasons for the decision
44
obiter dictum
comments made on questions of law not directly relevant to deciding the case
45
how a court doesnt have to follow a precedent
distinguish reverse overrule disapprove
46
Distinguish
Distinguishing is when the judge does not follow a precedent because she says the facts of the two cases are so different
47
reverse
So a reverse is when the superior judge hears an appeal in the same case that created the precedent and says ‘I do not agree with this new precedent, I am going to over-turn it’
48
overrule
The judge in the superior court does not like that precedent established by the lwoer court in a seperate case and wants to overturn or change it This is called overruling
49
4. Disapprove
But the second (inferior) court still wants to send a message that it is uncomfortable applying that precedent
50
A crime is an act/omission that
breaks a law is harmful to others is punishable by law
51
criminal - indictable offences examples
murder assault drug trafficking
52
criminal - summary offences examples
speeding driving unregistered car driving on a toll road without paying tol
53
what is criminal law?
Criminal law is the law setting out behaviour considered to be wrong and harmful to society as a whole. It is the law designed to maintain social order.
54
what is civil law?
Concerned with private disputes between two individuals or groups. It is all about protection of and enforcing the rights of individuals
55
Relationship between criminal and civil law
But sometimes, the same set of facts leads to both criminal and civil trials it normally involves the alleged victim of the crime suing the offender to get compensation

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