Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

year 11 legal > foundations > Flashcards

foundations Flashcards

(84 cards)

Start Studying
1
Q

non legal rules

A

regulations/ codes/ policies made by private individuals or groups in society
didnt orginate from legal institutions eg parliament
only specific groups of people as opposed to the whole of society

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

examples of nonlegal rules

A

households -> curfews

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

legal rules

A

made by legal institutions such as parliament or courts
laws apply to society / enforceable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

examples legal rules

A

parliament
court -> common law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

parliament

A

a formal assembly made up representatives of people who are elected by the people to make laws, except for GG who is appointed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

it establishes parliament

A

‘bicameral’ - 2 houses
chosen by people
must represent the people

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

it establishes law making powers of commonweath and states

A

divisions of powers
states which areas of law cth can make laws for e.g immigration, defence
only not stated = left to states e.g education, health and crimes
recognises cth parliament - supremacy over states

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

establishes the judicial role of the high court

A

HC = only court that can interpret the words in the constitution
determine whether parliament has acted outside their jurisdiction
final court of appeal in australia

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

establishes how the constitution can be changed

A

referendum - national yes/no vote (section 128)
must have more than 51% pop. majority and 4/6 states must vote yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

social cohesion

A

term used to describe the willingness of member of a society to co operate with each other to survive and prosper

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

examples of social cohesion

A

improve the wellbeing of all members of society
minimise disparities
avoid marginalisation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

how does social cohesion look

A

work and improve education
feel a sense of acceptance and belonging

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

law promotes social cohesion

A

set up guidelines for acceptance
creates boundaries to protect individuals
establishes rule of law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

rule of law

A

the prinicple that everyone in society is bound by the law and must obey the law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

federal acts

A

the fair work act (2009)
the disability discrimination act (1992)
the racial discimination act (1975)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

individuals promote social cohesion

A

everyone doing their bit

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

legal promote

A

ensuring that institution exists to effectively create, implement and enforce the law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

examples of legal promoting social cohesion

A

parliament -> MPs = represent views of voters when making decisions on law making
police -> enforce the law
courts -> apply the law and determine through a functioning justice system

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

justice

A

no universal definition
reference ‘eye for an eye’
innocent until proven guilty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

fairness

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

fairness examples

A

impartial process
open process -> courts must be transparent
participation -> effectively participate in legal system

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

equality

A

all people engaging in the justice system should be treated in the same way

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

examples of equality

A

same treatment -> formal equality
different treatment -> substantive equality

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

formal equality

A

treated the same / level of support regardless of their personal differences

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
substantive equality
cause disparities/ disadvantages
26
access
all people should be able to engage with justice system and processes on an informed basis
27
examples of access
education legal support services legal representations
28
characteristics of an effective law
reflects societys values enforceable known clear and understood stable
29
reflects society's values
belief, principle or idea about the way we should behave and treat others, which are deemed important to uphold law = accepted - more inclined to follow law reform -> align with current societal values
30
enforceable
to be held accountable to be regulated with consequences attached not possible to reprimand those who break the law -> people less incline to follow break the law -> apprehended and charged in a criminal case
31
known
to be aware of / to understand the public must be aware of a law to follow it ignorance to the law is no excuse
32
clear and understood
to be accessible and easily interpreted consistent and precise with wording -> law can be interpreted and understood clearly by people in society law = ambiguous, unclear / written in legal jargon = decreased followed
33
stable
consistent / unchanging / predictable constantly changing = confusion -> people need to be ocnfident law can be relied on making new laws / changing existing ones to forecast societal changes
34
commonweath parliament
parliament of australia and federal parliament - the king, represented by governor general - house of representatives 151 members - the senate 76 members
35
house of representatives
aus divided into geographical areas known as electoral divisions 151 electoral divisions in aus therefore 151 members each member is elected for 3 years
36
role of house of representatives (lower house)
forms government - minimum 76 seats by one political party -> leader becomes prime minister // PM chooses ministers to be responsible for diff. portfolios e.g education holds government accountable - second largest political party forms opposition // some opposition = shadow ministers -> challenge and question government on policy matter introduce and pass proposed laws - majority of bills are introduced in the lower house by government ministers // any MP can introduce a bill // bill introduced and first passed in the senate -> proceed to the lower house for review
37
role of senate
review the bills that have been passed by HOR -> bills = introduced in HOR, the senate scrutinises and debate these bills before either passing them / rejecting them ensures equal rep for states -> each state elects 12 senators for 6 years intro and pas proposed laws -> senate x introduce bills that generate revenue / spend money
38
the structure of the victorian parliament
the king and GG legislative assembly (lower house) legislative council (upper house)
39
composition of the legislative assembly
victorian districts -> 88 members - selected for 4 years
40
role of the legislative assembly
forms government - the leader becomes the Premier of Victoria. (winning political party) hold government accountable - second largest party = opposition // shadow ministers = challenge + question the government introduce and pass law - majority of bills = introduced in lower house by government ministers // reviewed
41
composition of the legislative council
vic divided into 8 region -> 11 districts 40 members
42
role of the legislative council
review bill -> scruntinises + debate bills intro + pass laws represent the views of their region in law making -> members of legislative council ensure laws = made in vic equally reflects needs of vic residing in regional and rural areas ensures laws and government spending x solely focus on residents in melb.
43
subordinate authorities
Organisations/government departments that have been given the authority to create bylaws/policies based upon state parliament's bonding over some of their law-making powers
44
Victorian court hierarchy
high courts of australia supreme court - court of appeals supreme court - trial division county court magistrates' court
45
the role of courts
to uphold social cohesion through applying the law to determine criminal cases
46
judges
applying and interpreting acts
47
common law
a body of law that has been made by judges in superior courts
48
precedent
a legal principle that has been established through decisions made by judges in superior courts
49
specialist courts
Children's court deals with criminal and family matters for children The coroner's court deals with suspicious deaths and fires
50
reasons for a court hierarchy
specialisation appeal administrative convenience precedent
51
specialisation
to develop expertise or thorough knowledge in an area
52
how (specialisation)
each court has its own jurisdiction (legal parameter) to hear certain cases
53
appeals
to seek a review of a decision from a higher authority
54
how (apeals)
court hierarchy ensures that there is a ranking / ordering of courts that range from the highest court to the lowest court
55
admin convenience
the systematic benefit derived from legal matters being distributed among the court according to their complexity + severity
56
how ( admin convenience)
ranking of courts allows for admin con. through ensuring adequate resourcing of court
57
precedent
a legal principle established by suprerior courts through presiding of cases that should be applied to similar like cases in future
58
how ( precedent)
w/o ranking of courts, x superior courts to establish a precedent
59
statute law
laws made by parliament and i salso known as legislation
60
common law
the body of law that is derived from judicial reasoning and decisions in past cases - statutory interpretation = judges interpret meaning of words in a statute when applying it to a case before courts - precedent = judges decide new issue in a case before courts when legislation
61
statutory interpretation
when judges apply meaning to words within acts (law) made by parliament to resolve dispute
62
statutory interpretation (why)
unclear wording changing nature of words eg bullying and consent to clarify words
63
3 impact of statutory interpretation
wording / phrase are narrowed wording broadens establishes a precedent
64
wording/ phrases are narrowed
this means that the parameter or scope of certain words has been constricted eg public places
65
wording broadens
words have been expanded eg man
66
establishes a precedent
depending on the position of the court hierarchy of where the precedent was set
67
strengths of statutory interpretation
allow meaning of words to be updated efficiently judges are not elected, and therefore, will tend to have more freedom to apply meaning to words to update legislation judges are experts at the law so therefore when they apple meaning to wording, this is normally done from the position of someone who is highly experienced with specialised expertise in the law
68
weaknesses of statutory interpretation
judges are not democratically elected the impact of statutory interpretation can be reversed or overruled the impact of statutory int. can be abolished by parliament through abrogation
69
precedent
a legal principle established by judges that should be followed by courts in later cases when similar facts arise -judges apply meaning to words through stat. interpretation - presides over a case that is first of its kind
70
reasons
state decides - ‘to stand by what has been decided’ ensures consistency provides guidelines and predictability
71
binding precedent
must be followed -set by a higher court, in the same court hierarchy - material facts are similar
72
persuasive
does not have to follow - set by another state or country - set by a lower court in the same court hierarchy - contains different material facts
73
flexibility in precedent
distinguishing overruling reversing disapproving
74
distinguishing
material facts in the new case are sufficiently different from the material facts in binding precedent
75
overruling
higher court states that the precedent set by a lower court in a different case no longer applies
76
reversing
same court is appealed to a higher court and superior court changes the decision of the lower court
77
disapproving
a court follows a binding precedent but expresses disagreement with it in its obiter dictum
78
relationship bw parliament and courts
1 - statutory interpretation 2 - codification of common law 3 - abrogation of common law 4 - ability of courts to influence parliaments
79
statutory interpretation (relationship)
parliament create acts and legislation as the supreme making authorities courts can compliment this role through adding meaning and change the scope of words in legislation to clarify the law
80
codification of common law (relationship)
when parliament absorbs/ embeds common law decisions into acts of parliament through writing of a new act or amending current legislation increased legal principle -> x longer precedent but written in legislation x overruled by higher courts eg self defence
81
abrogation (relationship)
when parliament disagrees with a decision of courts, they can prevent the precedent from being applied in the future through changing acts or writing new legislation to abolish precedent
82
why abrogation
statue is interpreted in a way that does not align with parliaments intent / reflect the current meaning of acts 2. percent is created or applied that parliament x agrees with
83
judicial influence
in their judgement, courts may influence parliament to change the law by commenting on the need for reform or state that it is not the role of the courts to. hangs the law but should be left to parliament
84
why judicial influence
courts are bound by unjust or outdated precedent judges may believe parliament is in a better position to change the law

year 11 legal (5 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions