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Legal Studies > AOS1 - Chapter 3 Legal Foundations > Flashcards

AOS1 - Chapter 3 Legal Foundations Flashcards

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1
Q

What does Social Cohesion mean?

A

Describes the willingness of members in a society to cooperate with each other to survive and prosper

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2
Q

The five core areas of Social Cohesion

A
  1. A sense of belonging
  2. A sense of worth
  3. Social justice and equity
  4. Political participation
  5. Acceptance (or rejection)
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3
Q

What is the role of law in achieving Social Cohesion and Protecting Rights?

A

Laws specify what people can and cannot do, and must apply to everybody no matter their place in society. Protects individual rights

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4
Q

What is the role of individuals in achieving Social Cohesion and Protecting Rights?

A

Everyone must obey the law. Individuals must respect human rights and can help achieve social cohesion by assisting police, reporting crime, and using the legal system to resolve issues

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5
Q

What is the role of the legal system in achieving Social Cohesion and Protecting Rights?

A

Deal fairly and justly with individuals who have broken the law and must enforce laws.

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6
Q

What are the three principles of justice?

A
  1. Fairness
  2. Equality
  3. Access
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7
Q

What does fairness mean?

A

Means all people can participate in the justice system and its processes should be impartial and open e.g.

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8
Q

What does equality mean?

A

Means people should be treated the same way, but if same treatment creates disparity or a disadvantage to any side, measures should be taken to allow all sides to engage with the system fairly e.g. a person who cannot communicate in English is allowed to have an interpreter

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9
Q

What does access mean?

A

All people should be able to engage with the justice system and its processes on an informed basis e.g. access to a lawyer who is informed of the law

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10
Q

What are the 5 characteristics of an effective law? and bonus
Page 49-51 online

A
  1. Does it reflect societies values?
  2. Is it enforceable?
  3. Is it known?
  4. To be clear and understood
  5. To be stable
    Bonus 2
  6. Applied consistently
  7. Is it accessible to the public
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11
Q

What is parliament?

A

A formal assembly of representatives of the people that are elected by community. They gather to create laws.

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12
Q

What is a civil dispute?

A

A disagreement between two or more individuals in which one makes a legal claim against the other

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13
Q

What is a jury?

A

An independent group of people chosen at random to hear a trial and reach a verdict based on facts and evidence.

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14
Q

What does sue mean?

A

To take civil action against another person, claiming that they infringed some legal right of the plaintiff

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15
Q

What are the sides of a civil case?

A

Plaintiff, defendant

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16
Q

What are the sides of a criminal case?

A

Prosecution (represents state or crown), defence/accused

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17
Q

How many parliaments are there in Australia

A

9: 1 federal, 6 state, two territory

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18
Q

What is a statute law?

A

A law made by parliament: aka Acts of parliament or legislation

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19
Q

What is bicameral parliament?

A

A parliament with two houses (chambers). e.g. Commonwealth

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20
Q

What are the two houses in the Commonwealth Parliament?

A

Senate (Upper House)
House of Representatives (lower house) - 151 members, vote every 3 years

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21
Q

What are the two houses in Victorian Parliament?

A

Legislative Council (Upper House)
Legislative Assembly (Lower House)

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22
Q

What is the Governor-General?

A

The kings representative at the Commonwealth level

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23
Q

What is an election?

A

The process in which eligible people vote to choose a person to hold a position in a body/organisation

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24
Q

What makes up the Commonwealth Parliament

A

Governor-general + House of reps + Senate

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25
What is a political party?
- An organisation that represents a group of people with similar values and beliefs -Their aim is to have members of their organisation elected into parliament
26
What are the main roles of the senate?
-Review bills that have been introduced by and passed by house of reps - Ensure equal representation of the states in the senate - Introduce and pass laws
27
How many senators are there?
76 - 12 for each state, 2 for each territory
28
How many senators are there?
76 - 12 for each state, 2 for each territory
29
What is a political party?
An organisation that represents a group of people with similar values and ideas, whose aim is to have a member of their org elected into parliament
30
4 main roles of House of Reps?
- Form government: The political party with the majority of members in the lower house forms government (Leader of the party is Prime Minister) and the next largest party forms opposition - Represent the people and society's values when debating and making laws - Introduce and pass proposed laws (bills) ; any member of parliament can propose a law - Review bills passed by the Senate
31
What is a bill?
A proposed law that has been presented to parliament to become a law. A bill becomes an act of parliament once it has passed through formal stages of law making
32
What is coalition?
An alliance of two or more political parties generally to form government
33
What is the opposition?
The political party with the second largest number of seats in the lower house; they hold government accountable by questioning policy
34
What is the governor?
The governor is the King's representative at the state level
35
3 main roles of the Senate
- Review bills introduced and passed by the House of Reps - Ensure equal representation of the states - Introduce and pass bills
36
What makes up the Victorian Parliament?
Governor (Kings rep), Legislative assembly, Legislative council
37
Roles of the legislative assembly?
- Form government: Party with most members and leader is the Premier of Victoria - Represent people - Introduce and pass bills - Review bills passed by legislative council
38
Roles of the legislative council?
-Review bills passed by legislative assembly - Introduce and pass bills
39
What is a minister?
Members of parliament (part of government side - most seats) who are handpicked by by Prime Minister and Premier to be responsible for different parts of government e.g. education
40
What does "supremacy of parliament" mean?
Concept that final law-making powers rest with parliament
41
The stages of a bill becoming law and passing through parliament
1. First reading - Bill is introduced to first house (normally lower house) 2. Second reading - Purpose of bill is explained, debated on and voted on 3. Committee stage - Bill is considered in detail 4. Third reading - Bill is voted on after all changes and improvements have been made 5. Bill passes first house 6. Process repeated in second house 7. Royal assent - Formal signing of bill by the Governor-General or Governor (depends on commonwealth or state level), then the law becomes an Act of Parliament aka statute 8. Proclamation - Official public announcment 9. Act is a law
42
What is the Victorian Court Hierarchy?
High Court of Australia (Federal) Supreme Court of Victoria (Court of appeal) Supreme Court of Victoria (Trial Division) County Court of Victoria Magistrates Court of Victoria
43
What is Jurisdiction?
Lawful authority of a court to hear and decide legal cases
44
What are the reasons for a court hierarchy?
1 Specialisation; different courts deal with different kinds of cases e.g. Magistrates Court often deals with minor offences like drink-driving so they develop expertise 2. Enables parties to make an appeal with a higher court if they are not satisfied with the lower courts decision 3. Administrative Convenience; Court have different jurisdiction in cases they can hear e.g. smaller in Magistrate's; This allows for efficiency and convenience 4. Necessary part of doctrine of precedent (decisions that a higher court has made must be used in lower courts). Enables individuals and lawyers to predict outcome of a case
45
What is an appeal?
An application to have a higher court review a ruling
46
In what two circumstances can Court-made law/common law be made?
- Statutory interpretation is when a court makes a decision about the meaning of words in a law and applies it to a case, leading to form precedent in future cases e.g. is a smart phone considered a computer; judge rules yes - Deciding on a new issue that is brought before court that has no legislation around it or when previous principle requires expanding to be applied (setting of precedent)
47
What is precedent?
A principle established in a legal case that should be followed by courts in later cases with similar material. This principle is often called "ratio decidendi."
48
What is ratio decidendi?
Latin term meaning the reason. the legal reasoning behind a judges decision
49
What is stare decisis?
Latin term meaning let the decision stand
50
What is a binding precedent and when is it considered to be binding?
- A precedent that must be followed by lower courts in the same hierarchy. Considered binding when … - It is considered binding if the material facts of the precedent are similar to the new case or - If the precedent was set in in a higher court of the same hierarchy as the court taking the case.
51
What is a persuasive precedent and when is it persuasive rather than binding?
A persuasive precedent does not have to be followed by the court but can be if wanted. A precedent is persuasive when 1. When the court that previously used the precedent is not in the same hierarchy 2. When a lower court in the hierarchy set it 3. When the same court made the precedent where the new case is being held e.g. Supreme Court made it and new case is held in Supreme Court
52
What are the five ways for courts to develop or avoid earlier precedents?
1. Distinguishing a previous precedent from the new case (finding differences) 2. Overruling a previous precedent - A legal principle can be overruled by a higher court in a different case e.g. High Court overrules decision of earlier case in SC of appeals 3. Reversing a previous precedent - When the same case is taken to court on appeal; If appeal is successful, precedent no longer applies 4. Disapproving a previous precedent can lead to a reversal from a higher court 5. Following a previous precedent
53
Four features of the relationship between parliament and courts?
- Statutory interpretation - Codification of common law - Abrogation of common law - Ability of courts to influence parliament
54
What is statutory interpretation?
Statutory interpretation is when a court makes a decision about the meaning of words in statutes, leading to form precedent in future cases e.g. is a smart phone considered a computer; judge rules yes
55
What is Codification of common law?
As the supreme law making body, parliament can make laws that confirm precedents. They pass an Act of Parliament that reinforces the principle that was established in court.
56
What is Abrogation of common law?
Parliament can change or override (abrogate) common law by passing Act of Parliament
57
What is the "Ability of court to influence parliament?"
Courts can influence changes in law to the parliament through comments made by judges during a case. e.g. they think a law should change
58
What is criminal law?
Defines behaviours that are prohibited and outlines penalties for those who commit crimes. Protects the community and sanctions offenders.
59
What is a sanction?
A penalty imposed on a court by a person guilty of a criminal offence e.g. fine, prison sentence
60
What is civil law?
Regulates disputes between individuals and groups, and remedies wrongs that occur.
61
What is tort law?
Tort law describes a wrong that interferes with a persons legally protected interests e.g. defamation, trespass
62
What is contract law?
Area of civil law governing the validity and enforceability of agreements made between two or more parties.
63
What is a remedy?
An order made by a court that is designed to address a civil wrong or breach.
64
What are damages?
Amount of money that one party is ordered to pay to another party for loss/harm suffered.
65
Consequences of breaking a civil and criminal law
If you break a criminal law and are charged you are faced with a sanction. If you break a civil law and charged, the consequence is a remedy.
66
What is the doctrine of precedent?
- Rule stating that decisions of higher courts are binding on courts ranked lower in the same hierarchy where material facts are similar

Legal Studies (3 decks)

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