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Unit 1 Legal Studies > AOS1: Legal Foundations > Flashcards

AOS1: Legal Foundations Flashcards

1
Q

Rule

A

Made by private individuals/groups. Only apply to a specific group of people and enforcement can vary.

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2
Q

Law

A

Made by legal institution such as parliaments and the courts. Apply to all of society and are enforceable by the courts and the police.

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3
Q

Date of Federation

A

January 1st, 1901

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4
Q

Parliament

A

A formal assemble composed of elected representatives who make laws, with the exception of the Governor-General who is appointed.

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5
Q

Significance of the Constitution

A

-Establishes parliament
-Establishes the lawmaking powers of Cth +States
-Establishes the judicial role of the HC
-Establishes how the constitution can be changed

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6
Q

Social Cohesion

A

Willingness of members of a society to cooperate with each other in order to survive and prosper

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7
Q

Role of individuals in SC

A

By following the law- ‘everyone doing their bit’
By using offical methods of reform law if viewed as unjust

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8
Q

Role of law in SC

A

Set up guidelines, create boundaries to protect individuals, establish rule of law

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9
Q

Role of LS in SC

A

Ensuring that institutions exist to effectively create, implement and enforce the law
Include: parliament, the police, courts and flexibility to sanctions

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10
Q

Fairness:

A

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

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11
Q

Formal Equality

A

-Everyone receives same treatment regardless personal differences/characteristics
-One size fits all approach

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12
Q

Substantive Equality

A

-Adjustments put in place when formal equality X work + create disadvantage/ disparity

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13
Q

Access:

A

Ability to engage with LS and its processes on an informed basis

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14
Q

Characteristics of an effective law: Reflect society’s values

A

-Belief, principle/idea re. how we should behave + treat others
-Laws must change to align w/ current societal values eg, same sex marriage + legalising cannabis

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15
Q

Characteristics of an effective law: Enforceable

A

-Breaking -> can be apprehended + charged in a criminal case/sued in civil proceedings
-enforced by courts, various govt agencies (EPA + VicRoads) + police

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16
Q

Characteristics of an effective law: Known

A

-Ignorance of the law is no excuse
–Public must be kept informed of new laws/ major changes to laws eg through ad campaigns + media debate

17
Q

Characteristics of an effective law: Clear and Understood

A

-Must be consistent + precise so law can be interpreted +understood clearly by ppl in society
-unclear, w/ jargon –> less likely to be followed

18
Q

Characteristics of an effective law: Stable

A

-Cannot be constantly changing
-Law makers should attempt to forecast change b4 happens

19
Q

Structure of Cth Parliament

A

-Made of HoR (lower house) -> forms govt + mostly introduces bills
-Senate (upper house) -> house of review + mainly debates + amends bills
-GG gives royal assent after bills are passed

20
Q

House of Representatives

A

Composition: 151 seats (from 151 electorate, ~ 1 seat/ 100 000 ppl), made from govt (forms cabinet + ministers), opposition (forms shadow ministers) +crossbench
Role: Introduces + pass proposed laws, rep ppl’s interest + opposition holds govt accountable

21
Q

Senate

A

Composition: made of 76 senators, 12 from each state + 2 frm each territory
Role: review bills passed by HoR, ensures equal rep of states, introduces + passes proposed laws

22
Q

Governor-General

A

Gives bills royal assent to become laws

23
Q

Statute Law

A

Law made by parliament. Also called Acts of Parliament/ legislation

24
Q

Legislative Assembly

A

-88 members re elected every 4 yrs
-maj party forms govt + leader becomes premier
-ministers chosen to form cabinet + opposition= shadow ministers

25
Q

Structure of the Victoria Parliament

A

-lower house= legislative assembly
-upper house= legislative council
-leader of govt= premier
-head of state= governor of victoria

26
Q

Legislative Council

A

-4 regions + 11 districts -> 40 members
-scrutinise/ debate bills but can also introduce

27
Q

Subordinate Authorities/ Delegated Bodies

A

-when power is delegated through legislation to lower authorities to make minor laws in their area of expertise
-eg Domestic Animals Act delegates powers to subordinate authorities to make laws in constituency eg CoB has Domestic Animal Management Plan

28
Q

Common Law

A

Made through statutory interpretation and the setting of precedent
Also called common law, case law or judge-made law

29
Q

Doctrine of Precedent

A

Legal principle established by judges that should be followed by courts in later cases where similar facts arise. Created through statutory interpretation or when a court decides a case that is the first of it kind

30
Q

Binding and Persuasive Precedent

A

Binding precedent
- must be followed
-set by a higher court in the same hierarchy
-facts of the case are similar
Persuasive precedent
-doesn’t have to be followed
-dif court heirarchy
-set by a lower / same court in same heirarchy

31
Q

Ratio decidendi and obiter dictum

A

Ratio decidendi - ‘reason for decision’ - binding part of judgement
Obiter dictum - ‘by the way’ - persuasive part, can include suggestions for judges / future law makers

32
Q

Donoghue v Stevenson

A

Donoghue drank half of a ginger beer purchased for her by a friend that contained a decomposed snail + developed sever gastroenteritis. Later sued Stevenson (manufacturer) + won case on appeal est. legal principle of duty of care b/tw manufacturer + final consumer + negligence tort

33
Q

Statutory Interpretation

A

Judges are often called upon to interpret the meaning of words in a statute when applying it to a case before the court

34
Q

Codification

A

As the supreme law-making body, parliament can make legislation that codifies (reinforces, confirms) precedent set by a court.

35
Q

Abrogation

A

As the supreme law-making body, parliament can make legislation that abrogates (overrides, abolishes) a common law principle
-Statute may not alight with parli’s intent / reflect current meaning of act
-precedent created / applied that parliament does not agree with

36
Q

Judicial Influence

A

In their judgements, courts may influence parliament to change the law by commenting on the need for reform
-courts are bound by unjust / unfair precedent
-judges believe parli better suited to change law

Unit 1 Legal Studies (3 decks)

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