LEGAL Unit 1 AOS 1: Legal Foundations

Question 1

What are the roles of laws in providing social cohesion?

Answer 1

• Provide the foundation of what acceptable behaviour is in society
• Protect the rights of individuals
• Establish mechanisms to deal with disputes
• Balance upholding peace and security in society with our rights to individual freedom

Question 2

What are the characteristics of an effective law?

Answer 2

1. Aligns with society’s values
2. Enforceable
3. Known
4. Understandable
5. Stable

Question 3

Why do we need laws to change?

Answer 3

When society’s values have changed, some laws may not be able to reflect those new values. To make effective laws, those old laws will be changed to align with the current society’s values.

Question 4

What is the Victorian Court Hierarchy?

Answer 4

1. Magistrate’s Court
2. County Court
3. Supreme Court (Trial Division)
4. Supreme Court of Appeal

Question 5

What are the reasons for the Court Hierarchy?

Answer 5

• Specialisation: Different courts are able to develop specialisation in their specific areas, helping them reach a more experienced outcome to their cases
• Administrative Convenience: More simple and less serious cases are dealt with by the Magistrates’ Court, allowing more time for the County and Supreme Court Trial Division to deal with more serious cases that require longer trials
• Precedent: Precedent made in lower courts can be overruled by higher courts if they are seen to be unsuitable; whilst higher court precedents must be followed by lower courts
• Appeal: Judgements made in lower courts can be appeal and possibly overturned by higher courts if a party is unsatisfied with the outcome of the trial

Question 6

What is binding and persuasive precedent?

Answer 6

• Binding Precedent: When a court is lower than the court in which the precedent was made, it must follow the ruling of the higher court
• Persuasive Precedent: When a court is in the same or higher hierarchy than the court in which the precedent was made, it can ignore the precedent.

Question 7

How can courts avoid precedent?

Answer 7

1. Reversing - higher court reverse the ruling
2. Overruling - higher court reverse the precedent
3. Distinguishing - courts find key differences in the case to avoid having to rule according to precedent
4. Disapproving - lower courts provide a statement which disagrees with the precedent and a higher court can use this as a basis of appeal

Question 8

What are the relationships between courts and the Parliament?

Answer 8

1. Statutory Interpretation - courts interpret the statutory laws and other courts must follow that interpretation to rule
2. Codification - parliaments can pass statutes based on the court rulings to show approval
3. Abrogation - parliaments can pass statutes to overrule court rulings and show disapproval
4. Influence of courts of parliaments - a statement by a judge can make the parliament undergo investigation and possibly change the statutory law