Legal Foundations Flashcards
(24 cards)
Statue Law
The passing of a bill through parliament from policy to law. A law made through parliament
Common Law
A judge or court made law. Statutory interpretation or precedents
Statutory Interpretation
When a judge gives meaning to the words in legislation. When they interpret the meaning of words in statutes
Precedents
A legal principle created by a court in a new type of case. Lower courts in the same hierarchy have to follow the law in similar cases
Principles of Justice
Fairness, access, equality
Fairness
One’s ability to understand legal processes and have these conducted in an unbiased manner
Access
The ability to use and understand the legal system. Informing one about their legal rights and the law
Justice
A concept that is based on the idea to behave in a manner that is morally right and promoting the fair and equal treatment of all members of society
Relationship between Parliament and the courts
Courts must follow the legislation passed by parliament. Courts can influence parliament when making law. Courts apply the law of parliament to society
Codification
Parliament creates legislation that reinforces principles established by a courts decision
Abrogation
Parliament may create legislation that overrides or changes a courts decision
The role of individuals in achieving social cohesion
Individuals have a responsibility to know and obey the laws of society
The role of the legal system in achieving social cohesion
The legal system is responsible for applying and enforcing the law by establishing methods and institutions such as courts and police
Social cohesion
The willingness of society to coopertate with each other. It enables members of a society to prosper at opportunities and have their rights protected
Characteristics of an effective law
Community values, enforceable, known, clear and understood, stable
Victorian court heirarchy
Magistrates’ court, County court, Supreme court, High court of Australia
Reasons for a court hierarchy
Appeals, specialisation, allows the doctrine of precedent to operate, administrative convenience
Appeals
A person who believes an error has been made by the court can appeal to a higher court
Specialisation
Courts develop an expertise in hearing certain types of cases so it is more proficient in delivering fair and just outcomes
Allows the doctrine to Precedent to opporate
Courts have to follow decisions in higher courts within their own hierarchy.
Administrative convenience
Cases can be heard more efficiently as more frequently occurring minor matters are heard in the Magistrates’
Characteristics of an effective law
Community values, enforceable, known, clear and understood, stable
Types of law
Criminal and civil law
Sources of law
Common and statute law
