law reform unit 4 aos2B

Question 1

what are four reasons for law reform

Answer 1

1- community values
2- changing nature of technology
3- protection of community
4- changing exprectations of legal system

Question 2

what are changing community values

def and examples

Answer 2

def:
changing community values refers to a shift in what the community deems as the ‘norm’ when it comes to belief morals and ethics. These values and beliefs to be a just and fair society should be

examples:
- legal abortion
- same sex marriage
- euthanasia

Question 3

what is changing nature of technology:

def and examples

Answer 3

def:
changing nature of technology refers to efficient and fast development in technology for commercial purposes, often lead to the law failing to catch up. when this occurs, peoples safety can be put at risk as technology can be used to cause harm.

examples:
- the use of social media among young people
- the use of drones and privacy
- face recognition

Question 4

what is changing community protection

def

examples

Answer 4

def:
- as society becomes better educated and more informed about the issues and the world around them, individuals are more likely to question the law and require that the law be amended to reflect the current state of play

examples:
- human rights advocacy
- use and treatment of animals for scientific and commercial purposes

Question 5

what is changing expectations of the legal system

def

examples

Answer 5

def:
- the way people view the role of the law has overtime. in the past the law was seen as a way to regulate behaviour and identify norms. today society expects the law uphold rights, protect them from harm and bring about justice

examples:
- wearing masks
- regulations to protect privacy

Question 6

what are the methods to influence law reform
x4

what is law reform?

Answer 6

def- means actions taken by individuals or organisations to influence law reform

1- petitions

2- demonstrations
3- use of courts
4- pressure and interests of groups

Question 7

methods to influence law reform:

1- petitions

what are they and one example

Answer 7

def- formal requests for plmt to introduce or change a law based upon signatures from individuals

examples:
- change.org campaign for making voting centres wheelchair accessible

Question 8

4 x strengths of petitions

Answer 8

1- easy way of showing support

2- e petitions are quick and easy for ppl to sign

3- mps obligated to sign petitions

4- cheap and easy to organise

Question 9

4 x weaknesses of petitions

Answer 9

1- mps of plmt must be presented however do not act upon it

2- e petitions could be signed by bots

3- petitions can be ignored easily

4- peititons can take time to gather

Question 10

methods influence law reform :

2- demonstrations

what are they and one example

Answer 10

def- gathering of a large group in a public place to express disapproval toward a particular law

example:
- school strike for climate change

Question 11

4 x strengths of demonstrations

Answer 11

1- increase awareness

2- holds govt to account more likely to react

3- gain media attention

4- phyucal demonstrations affect more

Question 12

4 x weaknesses of demonstrations

Answer 12

1- ppl can get hurt by certain actions

2- cause disruptions

3- leads to misuse of police recources

4- cause anger for communities as daily lives affected

Question 13

methods influencing law reform

3- courts used

how do ppl do this

Answer 13

rstablishing a precedent through a test case

seeking clarification on phrases in acts

Question 14

3x strengths of courts used

Answer 14

1- superior courts can set a binding precedent

2- even if case unsucessful= gain attention of community

3- accessible for ppl wanting reform

Question 15

3x weaknesses of courts used

Answer 15

1- costs and time to bring a case to court

2- individuals must have “standing”

3- plmt can abrogate decision

Question 16

media and law reform:

traditional media

what is it
4 x featurees

Answer 16

def- mediums often non digital eg newspapers or radios

features:
- high number of audiences
- more trustworthy
- info is more controlled
- limited audience interaction

Question 17

traditional media
2 x benefits

Answer 17

1- influence law reform through its ability to examine discuss and inform people of legal issues. newspapers and radios = major source + accessed by millions > shape views and attitudes of audience

2- television programs investigate problems in community to inform injustices. this can assist govt to decide if there is sufficient support for change in law

Question 18

traditional media

2 x limitations

Answer 18

1- may not always present info in an unbiased and independent manner however reflect political interests of owners

2- tv can manipulate content in attempt to alter communities perception if owners of organisation that does not support beliefs

Question 19

media and law reform:

new media

what is it

3 x features

Answer 19

def- associated with social media. eg apps,phone

features:
- lower audience usage
- less trust worthy
- high audience interaction

Question 20

new media

2 x benefits

Answer 20

1- social media connects people around the world and can be used by global reform for example world refugee crisis

2- lawmakers themselves can monitor social media coverage

Question 21

new media

2 x limitations

Answer 21

1- social media platform are highly visual that can include graphic images> evoke emotional responses> may make decisions without a basic understanding

2- owners of social media platforms habe struggled to stop the spread of harmful or inaccurate stories

Question 22

victorian law reform commission

definition
3 x purposes
where do they come from x2

Answer 22

def: statutory body developed by the act the vlrc act 2000
- independent govt funded body that is responsible for developing monitory and coordinationg law reform

purposes:

• example report and make reccomendations to the attorney on matters relating to law reform
• improve operations of legal system
• educate community

where do they come from?

• formal reuquest by attorney general
• community law reform project

Question 23

process of vlrc

4 stages

Answer 23

stage 1 - a problem arises in society and there is desire for change in the law

stage 2 - vlrc begins research to see what challenges exist and make community aware

stage 3- vlrc begins consultation stage= holding meetings, inivting community members etc

stage 4- vlrc produces their final report for plmt > tabled in plmt for discussion

Question 24

3 x strengths of victorian law reform commision

Answer 24

1- vlrc can measure community views therefore this should increase the likelihood of the govt. implementing its reccomendations

2- vlrc is independent of plmt therefore remains objective and unbiased in making reccomendations

3- vlrc can be highly influential on plmt

Question 25

3 x limitations of victorian law reform commision

Answer 25

1- no obligations for plmt to support or introduce new law reform

2- vlrc investigations can be time consuming and costly

3- vlrc is limited by its recources therefore can only take investigations into minor legal issues

Question 26

process of victorian law reform commisions and inclusive juries

4 stages
with 3 reccomendations

Answer 26

stage 1- 11th of march 2020 commented project due to cal for change in advocacy groups and challenges to law

stage 2- made community aware that consultation is occuring

stage 3 - consultations to small groups of advocacy eg: courts or legal professionals

stage 4- 53 reccomendations were made, 30th july 2021, report was delivered by attorney general

1x= the final decision about whether a person should be able to serve on the jury should be made by the judge

2x= auslan interpreters should undertake training to work with jurors

3x= disability awareness training should berequired for judges lawyers and court staff working with juries

Question 27

royal commissions

definiiton
purpose
2 x how they are diff to vlrc

Answer 27

def:
- a formal requires in a particular area of law or public concern upon reccommendation of the crown
- royal bc made by the head of state through representatives

purpose:
- investigate causes and reasons that has led to an area of public concern as well as gather evidence of support

diff to vlrc:
1 - focus on one important issue and work for a specific period of time

2- special powers including powers to subpoema witnesses and near sworn evidence

Question 28

process undertaken by royal commissions

3 x stages

Answer 28

stage 1 - an issue of concern is identified. the governer general issues a letter patent outlining terms of reference time by which rc will report

stage 2- to gather info and use unique powers outside of crts
- summons and cross examine witnesses
- apply for warrants
- provide protection for witnesses

stage 3- findings from royal commision are published in a report, submitted by governer general

Question 29

royal commision aged care quality and safety 2018

facts
why it was initiated
reccomendations

Answer 29

facts:
- est in october 2018
- in response to reports of widespread violence and neglect and sexual abuse of elderly residents within age care system

why was it initiated:
- 2008 a resident was murdered by a fellow patient
- reports of over medication of residents
- lasted for 28months

reccomendations:
1 - national registration scheme= mandatory minimum qualifications

2- increase in ward wages= reflect values of age care employees

Question 30

2 x strengths of royal commissions

Answer 30

1- govts can use the findings and reccomendations of royal commission to justify need to make changes in law

2- royal commision are independent of plmt therefore more likely to remain objective and unbiased in making reccomendations

Question 31

2 x limitations of royal comissions

Answer 31

1- no obligations in plmt to support or introduce law reform made by royal commision

2- ability of royal comission to influence law reform is based off timing of its reporting

Question 32

parliaments ability to respond to law change

def:

Answer 32

if statute law and common law conflict, statue law will prevail

Question 33

strengths of parliament no.1

parliaments can make laws at any time

Answer 33

parliament can legislate whenever the need arises. as well as make laws in the future. Therefore if a problem arises they can minimise the problem

Question 34

strengths of parliament no.2

parliament is democratically elected

Answer 34

because parliament is elected by people therefore memebrs of plmt are obligated to act in a way that responds to the needs of the people and ensure laws made reflect the views of the ppl

Question 35

strengths of parliament no.3

parliament provides for debate and scrutiny

Answer 35

legislative prcoess has many stages> allow parliament to be informed of the proposed changes and express their views. therefore members of plmt can process law reform

Question 36

limitations of parliament no.1

electoral pressures

Answer 36

parliament may be reluctant to act on controversial issues due to the govts wish to remain in govt. for next re election

Question 37

limitations of parliament no.2

delegating lawmaking powers

Answer 37

parliament has the authority to delegate their law making powers for efficiency, however they often fail to supervise delegated legislation. Therefore, laws can be confusing for people and considered inconstant

Question 38

limitations of parliament no.3

sitting days of plmt

Answer 38

to change law parliament must be sitting only approx 40-70days they can only sit a year, therefore laws may be delayed in being passed

Question 39

strengths of courts as lawmakers

1- courts can bring about legilsative change

Answer 39

courts can bring about legislative change and law reform. judges are willing to adopt judicial activist role, decision of courts can lead to statutory changes

Question 40

strengths of courts as lawmakers

2- courts are independant of plmt

Answer 40

as judges do not have to worry about being re elected, they can act in a more judicial activist manner and bring about more progressive law reform

Question 41

strengths of courts as lawmakers

3- court decisions promote consistancy

Answer 41

the doctrine of precdent is an efficient way for judges to look back at previous cases to inform their judgement based off “stare decisis”.

common law decisions also promote consistancy and fairness where individuals can predict their outcome

Question 42

limitations of courts as lawmakers

1- cases must become before the courts for judicial activism

Answer 42

courts can only influence law reform if a case comes before the court. this case generally occurs in a superior court and is sufficiently unique. if this does not occur there is inability in effective law reform

Question 43

limitations of courts as lawmakers

2- decisions by judges are undemocratic

Answer 43

because judges are appointed not elected they do not have the necessary requirement to ensure changes for their community. judges= vary narrow socio economic groups therefore decrease ability to reflect community values

Question 44

limitations of courts as lawmakers

3- taking a case to court = time consuming and costly

Answer 44

not all invidividuals may have recources to pursue their matter unless recieve suppport