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Legal Studies > Legal Foundations > Flashcards

Legal Foundations Flashcards

1
Q

Why do we need laws?

A

We need laws to achieve social cohesion and protect individual lives

  • protect the safety of the community
  • recognise and protect freedoms
  • ensure society functions properly
  • produce fair outcomes
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2
Q

Social Cohesion:

A

the ability of a community to live together in a harmonious and peaceful manner, by recognising that all individuals have rights and responsibilities.

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3
Q

What are “Laws”

A

Laws are legal rules that everyone i society must follow.
- Laws are interpreted by courts, made by parliament (or subordinate authorities), and enforced by police
- Laws have significant consequences

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4
Q

What are “Rules”

A

Rules are non-legal guidelines applying to a specific group of people.
- Rules are made and interpreted by non-legal institutions
- No significant consequence
-

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5
Q

What are “Customs”

A

Customs are socially accepted habits that have become normal practice.
- Made, interpreted and enforced by society
- Not adhering

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6
Q

3 Features distinguishing Laws from customs and rules

A

Authority
Consequences
Regulation

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7
Q

Outline “the Authority to make Laws”

A

Who makes laws is decided by Parliament (can be made by subordinate authorities)
- Interpreted by Judicial branch (courts)
- Enforced by police

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8
Q

Outline “the Consequences of breaking laws”

A

Consequences are more significant than rules and customs, and include legal penalties:
- eg, imprisonment, fines and community corrections order

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9
Q

Outline “Regulation”

A

Legal rules (Laws) regulate the behaviour of all members of society
- eg, safe building practices, food + hygiene practices

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10
Q

5 Characteristics of an effective law

A

Laws must be:
1. Known, so people can follow them
2. Enforceable, to ensure justice can occur
3. Reflect society’s values
4. Stable, shouldn’t change rapidly or else they become confusing
5. Clear + Understandable, to be easily followed

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11
Q

3 Principles of Justice

A

Fairness
Equality
Access

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12
Q

Outline “Fairness” in the legal system

A

Impartial and just treatment or behaviour without discrimination
eg. Right to silence when questioning

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13
Q

Outline “Equality” in the legal system

A

State of being equal:
Especially in status, rights or opportunities
eg. Both parties have right to legal representation

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14
Q

Outline “Access” in the legal system

A

Ability to interact with the legal system
eg. Access to court in geographical area

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15
Q

Why should laws reflect the views and values of society?

A

Because values can change, and laws should stay relevant.

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16
Q

Why is access to the legal system important?

A

Because justice must be enforced, all people have the right to legal representation and a fair trial and hearing.

17
Q

Purpose of the Australian Constitution

A

Shapes:
- the federal laws passed by parliament
- how it administers those laws
- how the high court works and,
- how the houses of federal government interact with states and territories

18
Q

Role of Governor General in Executive government

A

Gives royal assent to laws made by parliament, commissions the PM and appoints ministers

19
Q

Aims and roles of 2 houses in Federal Parliament

A

HOR- (151 electorates)
- Aims to represent electoral division
in S+T’s
- Introduces bills, reviews bills passed by upper house

Senate- (76 senators)
- Aims to ensure each S+T has equal representation
- Reviews bills (proposed laws) introduced by lower house, and introduces and passes bills

20
Q

Levels of Federal Government

A

Federal- makes laws for entire nation
State- makes laws for S+T
Local- makes by-laws for region or district

21
Q

Explain “Seperation of Powers”

A

Designed to ensure that one branch does not obtain too much power
- Constitution gives Fed Govt exclusive powers in certain areas (Defence, Citizenship)
- Concurrent powers shared between State/federal govt
eg. Taxation
- Powers not addressed in Constitution rest with States (residual powers) eg. Crime
- State govt, delegates authority to council to create by-laws

22
Q

Describe Victorian Parliament

A

Representatives elected to either:
- Legislative Council (upper)
Aim to ensure rural/metro are given equal representation
- Legislative Assembly (lower)
Electorates divided by population

23
Q

Outline Function of Parliament

A
  • Legislation (making laws)
  • Representation (acting on behalf of voters and citizens)
  • Scrutiny (examining the government)
  • Formation of Government
24
Q

Explain and Define the purpose of a “Bill”?

A

Proposal for a new law that’s introduced into parliament
- They seek to address important issues facing Australian community
- Can only become law if it passes majority vote in HOR, and Senate.

25
Q

Where do ideas for bills come from?

A
  • Government Department
  • Community groups and businesses
  • Political Parties
  • Parliamentary Committees
26
Q

Outline the steps of making laws

A
  1. First reading
  2. Second reading
  3. Debate
  4. Passed by both HOR, and Senate
  5. Act given name, number and date
  6. Royal Assent from GG
  7. Commencement
27
Q

Reasons for Court Hierarchy

A

Precedent: legal rule established in previous case
Appeals: process where decision made can be reviewed if not satisfied
Specialisation: hierarchy allows courts to specialise in categories
T+D: saves T+D
Administrative Convenience: courts are ranked and hear cases in similar nature

28
Q

Original and Appellate jurisdiction

A

(Jurisdiction refers to the power and authority of a court, to hear and determine a specific case)

OG: P+A to hear and determine a case in first instance
App: same but for 2nd instance

29
Q

Australian Courts OG Jurisdiction

A

High Courts: Constitutional/ federal matters
SC (coa): No OG jurisdiction
SC (td): Most serious indictable offences eg rape/assault
County: indictable offences except mainly murder, attempted murder and conspiracies etc.
Mag: Minor, less serious offences eg traffic offences (civil 100k)

30
Q

OG and appellate Jurisdiction

A

Power and authority to hear and determine specific cases for first time

31
Q

OG and appellate Jurisdiction

A

Power and authority to hear and determine specific cases for first time

32
Q

Reasons for court hierarchy

A

Precedent-legal rule established in previous case
Appeal- process whereby decisions can be reviewed by a higher court if not satisfied
Specialisation- hierarchy allows courts to specialise in categories
T+D- saves t+d
Administrative Convenience- courts are ranked to hear cases in similar nature

33
Q

Reasons for court hierarchy

A

Precedent-legal rule established in previous case
Appeal- process whereby decisions can be reviewed by a higher court if not satisfied
Specialisation- hierarchy allows courts to specialise in categories
T+D- saves t+d
Administrative Convenience- courts are ranked to hear cases in similar nature

Legal Studies (3 decks)

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