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Legal studies > SAC 1 > Flashcards

SAC 1 Flashcards

1
Q

what are the principles of justice

A

fairness, equality, access

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2
Q

what is fairness? what are some synonyms?

A

all people can participate in the justice system and its processes are impartial and open - impartial= non bias and open= scrutiny and transparency

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3
Q

what is equality? what are some synonyms?

A

everyone is treated the same and if disadvantaged adequate measures are used- same treatment is formal equality different treatment is sustentative equality

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4
Q

what is access? give some examples

A

everyone can use the legal system on an informed basis e.g. physical barriers, language barriers, education, disability, money

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5
Q

what are the characteristics of a good law

A

reflects values, enforceable, known, clear and understandable, stable

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6
Q

reflects society’s values and example

A

a law should be in line with society’s values so members are inclined to follow e.g. gay marriage laws

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7
Q

enforceable and example

A

a law that is punishable in practise and theory. police should be able to catch the people in the act and charge them e.g. jay walking

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8
Q

known and example

A

the public is aware of the laws that impact their everyday lives. law makers job to make public aware of new laws e.g. wedding law

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9
Q

clear and understandable and example

A

by written so public can understand and the reason is made clear. if it does not make sense people are less likely to follow it e.g. queensland abortion laws

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10
Q

stable definition

A

laws must not be subject to frequent change it creates confusion as it is not consistent

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11
Q

what is the Victorian court hierarchy

A

high court, supreme court appeals, supreme court trials, country court, magistrates court

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12
Q

what are the reasons for court hierarchy

A

specialization, appeals, precedent, admin convenience

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13
Q

what is speacialsation

A

when courts only hear cases in their jurisdiction making the experts in their area/field

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14
Q

what is appeals (hierarchy)

A

individuals who aren’t happy with their outcome can take it to a higher court. providing fairness and allowing for mistakes to be corrected

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15
Q

what is precedent (hierarchy)

A

lower courts are bound by precedent ensuring legal principles are consistent and equally applied

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16
Q

what is admin convenience

A

minor cases settled in spatialized courts helps settle issues quickly minimizing waiting time behind complex cases. allows for efficiency ad convenience in the way they are heard

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17
Q

what does the high courts role

A

the high-court controls all other courts and final appeals

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18
Q

what is the supreme appeals role

A

manages appeals from lower courts

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19
Q

what is the supreme trials role

A

manages murder trials

20
Q

what is county courts role

A

county court manages all other crimes apart from summary offences

21
Q

what is the magistrates courts role

A

magange summary offences

22
Q

what is the relationships between courts and parliment

A

the ability to influence, interpretation of statutes, codification, abrogation,

23
Q

what is the courts ability to influence change

A

courts decision making that alert parliment to a need of change or lenient sentencing an example of this is one punch laws

24
Q

what is the interpretation of statutes by courts

A

when courts apply the law they must make decisions about the meaning of the laws which become precedents. there are guidelines for how courts interpret law. and example is the studded belt case in mcdonalds

25
Q

what is the codification of a law

A

codification is when parliament confirm a law made by the courts by passing an act that reinforces the principles of the precedent and example of this is mabo

26
Q

what is the abrogation of common law

A

when parliament changes or overrides a precendent made by courts because they have interpreted the law in a way which was not intended and doesn’t reflect societal values. trigwells case when parliament established the wrongs act

27
Q

what are the branches of parliment

A

the king, the house of reps, the senate

28
Q

what are the branches of victorian parliament

A

kings rep, legislatove assembaly, legiaslative coucil

29
Q

what is criminal law

A

law that protects the community by establishing crime and penalities

30
Q

who are the parties in a criminal trial

A

the accused and the prosecution

31
Q

what is the burden of proof and what is the standard of proof

A

bp- the prosecutions responsibility to prove opposings guilt sp - innocent until proven guilty

32
Q

what is the outcome and consequences of a criminal trial

A

outcome- guilty or not guilty concequences- sanctions e.g. prison or fines

33
Q

what is civil law

A

law that regulates disputed between individuals and groups to enforce rights and remedy harm

34
Q

who are the parties in civil law

A

the plantiff- legal claim and the defendant- being sued

35
Q

what is the outcome oand the consequences of a civil trial

A

rectify wrongs and remedies- damgages injunction

36
Q

what is the burden and standard of proof in a civil trial

A

on the edge of possibility

37
Q

what are some examples of criminal law

A

murder, assault,

38
Q

what are some examples of civil law

A

negligence, defamation, breach of confidence, property damage

39
Q

what are the steps to parliament making a law

A

first reading, second reading, third reading and royal assent

40
Q

what is the first reading

A

during the first reading a bill is introduced to the lower house (house of representative)

41
Q

what is the second reading

A

the bill is then reintroduced and members of the house are given a two week break, they then ocme back an d debate and consider each clause

42
Q

what is the third reading

A

the third reading is when the bill is read for the final time and voted on

43
Q

what is royal assent

A

royal assent is when a bill has gone through all other steps of law making nd is sent to the governor for the king approval

44
Q

social cohesion

A

creates an environment where eveyone feels safe and prevents major crimes ( functioning and productive society where everyones rights are protected)

45
Q

protecting individual

A

laws can slow down the rates of crime and criminal behaviour especially through the promise of punishment or consequence which leads to safer communities and individuals

46
Q

the role of inividuals

A

it is expected that individuals understand the laws that impact them and they follow all laws. they are also expectedto help police in investigations

47
Q

what is a crime

A

when someone commits an action that breaks an existing law, that is harmful to society and is punishable by law

Legal studies (4 decks)

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