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Year 11 legal studies > Intro to legal > Flashcards

Intro to legal Flashcards

1
Q

what is a rule?

A

a rule is a non-legal regulation that applies to specific members of society. they are made, interpreted and unforced by non-legal institutions

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2
Q

what is a law?

A

a law is a legal regulation that applies to everyone in society. they are made by parliament or court, interpretted by courts and enforced by police

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3
Q

what is the date of Federation?

A

1st January 1901
the UK parliament passed the Commonwealth of Australia Constitution Act 1900 (UK)

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4
Q

what is parliament?

A

a parliament is a formal assembly made up of representatives of people who are elected by the people as well as the govener general

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5
Q

what is government?

A

a government is the political party that has won the majority of seats in the House of Representatives (76/151) in an election

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6
Q

what is the significance of the Constitution?

A
  • it establishes parliament
  • it establishes division of powers
  • it establishes the judicial role of the High Court
  • it establishes how the constitution can be changed
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7
Q

what is the division of powers?

A

executive powers: Commonwealth (currency/defence/immigration)
concurrent powers: Cth and states
residual powers: states (education/health/crime/roads)
by laws: local coucil (rubbish/pets)

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8
Q

what is social cohesion?

A

the willingsness of members of a society to cooperate in order to survive and prosper by recognising all people have rights and responsibilties
- improve wellbeing of all members in society
- minimise disparities
- avoid marginalisation

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9
Q

what are indicators of a socially cohesive society?

social cohesion

A
  • individuals feel a sense of acceptance and belonging
  • individuals are fairly treated and not discriminated against
  • the legal system trears individuals equally and promotes accessibility
  • people can work and improve their education
  • there is active and effective participation in government
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10
Q

what are indicators of a dysfunctional society?

social cohesion

A
  • government not reflecting community values
  • high crime rates
  • failure to protect individuals
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11
Q

how can individuals promote social cohesion?

A

by following the law, respecting others and taking on their responsibilities

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12
Q

how can the law promote social cohesion?

A
  • sets guidelines for what is acceptable
  • creates boundries to protect individuals
  • establishes the rule of law
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13
Q

how can the legal system promote social cohesion?

A

by ensuring that legal institutions exist to effectively create, impliment and enforce the law

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14
Q

what is the rule of law?

A

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

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15
Q

what are the main legal institutions?

A

parliament, police, courts, prisons

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16
Q

what are the principles of justice?

A

fairness, equality and access

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17
Q

why is there no definition for justice?

A

different cultures and societies have different views on what constitutes justice so there is no one universal definition

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18
Q

what is fairness?

principles of justice

A

when all people can participate in the justice system, and its processes are impartial and open
- impartial processes
- open processes
- participation

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19
Q

describe impartial processes

principles of justice - fairness

A

all personel within the legal system must act in a way that is impartial and indipendent, showing no bias or discrimination

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20
Q

describe open processes

principles of justice - fairness

A

court processes must be transperant
- open courtrooms to allow the public and media reporters
- clear guidlines for sentencing and the role of the jury

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21
Q

describe participation

principles of justice - fairness

A

individuals must be able to effectively participate in the legal system
- being aware of charges against them
- having time to prepare a case
- being aware of the evidence brought against them

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22
Q

what is equality

principles of justice

A

when the justice system treats everyone in the same way unless doing so creates disparity or disadvantage
- formal equality
- substantive equality

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23
Q

describe formal equality

principles of justice - equality

A

all individuals are treated the same and given the same level of support regardless of personal differences or characteristics

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24
Q

describe substantive equality

principles of justice - equality

A

when additional measures or adjustments are put in place for individuals if being treated the same causes disadvantage or disparity

25
Q

what is access

principle of justice

A

when all people are able to engage with the jusice system and its processes on an informed basis
- engagement (physical/financial)
- informed basis (education/access to legal support services/legal representation)

26
Q

describe engagement access

principles of justice - access

A

physical access: the ability to travel to the location of courts
financial access: the ability to pay for legal representation

27
Q

describe informed basis access

principles of justice - access

A

education: ability to understand and interpret info published by courts (so those of a lower literacy level are able to understand)
legal support services: the ability to access legal support services
legal representation: the ability to have legal representation in court

28
Q

what are the characteristics of an effective law?

A

reflects societies values/enforceable/known/clear and understandable/stable

29
Q

what are the largest political parties in australia?

A
  • the liberal party
  • the nationals
  • the labor party
  • the greens
30
Q

what are the elements of the Commonwealth parliament?

A
  • the govener general (crown)
  • the senate (upper)
  • the house of representatives (lower)
31
Q

what is the House of Representatives?

A

the lower house of the Cth parlliament with 151 members
it represents the people (electorates based on number of voters)
each member is elected for 3 years

32
Q

what are the roles of the House of Representatives?

A
  • forms government
  • holds government accountable (opposition)
  • introduces bills (and reviews proposed bills)
  • represents the peoples interests
33
Q

what is the Senate?

A

the upper house of the Cth parliament with 76 members
it represents the states
each state elects 12 senators for 6 years and each territory elects 2 senators for 3 years

34
Q

what are the roles of the Senate?

A
  • reviews proposed bills (and introduces bills)
  • represents the states equally
35
Q

what is statute law?

A

laws made by parliament
they’re also called Acts of Parliament or legislation

36
Q

what are the elements of the Victorian parliament?

A
  • govener (crown)
  • the legislative council (upper)
  • the legislative assembly (lower)
37
Q

what is the legislative assembly?

A

the lower house of the Vic parliament with 88 members
it represents the people (electorates based on number of voters)
each member is elected for 4 years

38
Q

what are the roles of the legislative assembly?

A
  • forms government
  • holds government accountble (opposition)
  • introduces bills (and reviews proposed bills)
  • represents the peoples interests
39
Q

what is the legislative council?

A

the upper house of the Vic parliament with 40 members
it represents the regions
there are 8 regions, each consisting of 11 districts
5 members are elected from each region

40
Q

what are the roles of the legislative council?

A
  • reviews proposed bills (and introduces bills)
  • represents the states equally
41
Q

what are subordinate authorities?

A

entities that have been delegated lawmaking powers by the Cth of state parliament
eg. local councils, VicRoads

42
Q

what is the court hierarchy?

A

the ranking of courts based on their jurisdiction

43
Q

Victorian Court Hierarchy

A

High Court of Australia
Supreme Court (Court of Appeal)
Supreme Court (Trial Division)
County Court
Magistrates Court

44
Q

what are the 2 specialist courts in Victoria?

A

the Childrens Court
the Coroners Court

45
Q

what are the reasons for a court hierarchy?

A

specialisation, appeal, administrative convenience, precedent

46
Q

explain specialisation

reasons for court hierarchy

A

when a court developes expertise in a particular area of law as a result of hearing similar matters regularly
this is facilitated by the assigned jurisdiction in the court hierarchy

47
Q

explain appeals

reasons for court hierarchy

A

when higher courts review a ruling if a person involved believes there was an error made in their case (usually question of fact or question of law)
this is facilitated by the hierarchy as cases are able to be appealed to higher courts

48
Q

explain administrative convenience

reasons for court hierarchy

A

when legal matters are distributed amongst the courts according to their complexity. this allows superior courts to devote time and reasources to long, complicated cases and lower courts to efficiently resolve a large number of cases
this is facilitated by the assigned jurisdiction of the court hierarchy

49
Q

explain precedent

reasons for court hierarchy

A

when decisions are made by higher courts that must be followed by lower courts in the same court hierarchy when its a case with similar material facts
this is facilitated by the court hierarchy as higher courts are able to set precedents

50
Q

what is common law?

A

laws made by courts
they’re also called case law or judge-made law

51
Q

what is statutory interpretation?

A

when judges interpret the meaning of words in a statute when applying it to a case

51
Q

why does statutory interpretation need to happen?

A
  • legislation is created to suit a wide range of circumstances, so the wording is often broad
  • the meaning of words can change over time
  • there may have been a drafting mistake
52
Q

what methods do judges use for statutory interpretation?

A
  1. examine the plain and literal meaning of the words
  2. examine the statute as a whole (meaning may be clarified)
  3. examine the context
  4. favour interpretations that uphold peoples fundamental rights and freedoms
53
Q

what are the effects of statutory interpretation?

A

to widen or narrow the scope of the law
can be to set a precedent

54
Q

what’s codification?

A

codification is when parliament makes legislation that confirms/reinforces a common law/precedent set by a court

55
Q

what’s abrogation?

A

abrogation is when parliament makes legislation that abolishes/overrides a common law/precedent set by a court

56
Q

what is judicial influence?

A

judicial influence is when courts comment on a law that may need reforming, and this influences parliament to change the law

57
Q

what is criminal law?

A

aims to protect society from harm
prosecution & accused
burden of proof on prosecution
standard of proof beyond reasonable doubt
sanctions

58
Q

what is civil law?

A

aims to protect individuals
plaintiff & defendant
burdon of proof on the plaintiff
standard of proof on the balance of probabilities
remedies

Year 11 legal studies (1 decks)

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