Legal Foundations

Question 1

Statue Law

Answer 1

The passing of a bill through parliament from policy to law. A law made through parliament

Question 2

Common Law

Answer 2

A judge or court made law. Statutory interpretation or precedents

Question 3

Statutory Interpretation

Answer 3

When a judge gives meaning to the words in legislation. When they interpret the meaning of words in statutes

Question 4

Precedents

Answer 4

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

Question 5

Principles of Justice

Answer 5

Fairness, access, equality

Question 6

Fairness

Answer 6

One’s ability to understand legal processes and have these conducted in an unbiased manner

Question 7

Access

Answer 7

The ability to use and understand the legal system. Informing one about their legal rights and the law

Question 8

Justice

Answer 8

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

Question 9

Relationship between Parliament and the courts

Answer 9

Courts must follow the legislation passed by parliament. Courts can influence parliament when making law. Courts apply the law of parliament to society

Question 10

Codification

Answer 10

Parliament creates legislation that reinforces principles established by a courts decision

Question 11

Abrogation

Answer 11

Parliament may create legislation that overrides or changes a courts decision

Question 12

The role of individuals in achieving social cohesion

Answer 12

Individuals have a responsibility to know and obey the laws of society

Question 13

The role of the legal system in achieving social cohesion

Answer 13

The legal system is responsible for applying and enforcing the law by establishing methods and institutions such as courts and police

Question 14

Social cohesion

Answer 14

The willingness of society to coopertate with each other. It enables members of a society to prosper at opportunities and have their rights protected

Question 15

Characteristics of an effective law

Answer 15

Community values, enforceable, known, clear and understood, stable

Question 16

Victorian court heirarchy

Answer 16

Magistrates’ court, County court, Supreme court, High court of Australia

Question 17

Reasons for a court hierarchy

Answer 17

Appeals, specialisation, allows the doctrine of precedent to operate, administrative convenience

Question 18

Appeals

Answer 18

A person who believes an error has been made by the court can appeal to a higher court

Question 19

Specialisation

Answer 19

Courts develop an expertise in hearing certain types of cases so it is more proficient in delivering fair and just outcomes

Question 20

Allows the doctrine to Precedent to opporate

Answer 20

Courts have to follow decisions in higher courts within their own hierarchy.

Question 21

Administrative convenience

Answer 21

Cases can be heard more efficiently as more frequently occurring minor matters are heard in the Magistrates’

Question 22

Characteristics of an effective law

Answer 22

Community values, enforceable, known, clear and understood, stable

Question 23

Types of law

Answer 23

Criminal and civil law

Question 24

Sources of law

Answer 24

Common and statute law