U1 AOS1 - Legal Foundations

Question 1

what is social cohesion?

Answer 1

a term used to describe the willingness of members of society to cooperate with each other in order to survive and prosper

Question 2

what is the role of laws in achieveing social cohesion?

Answer 2

• to provide guidelines on what behaviour is acceptable/not acceptable
• to protect the rights of individuals
  to resolve disputes peacefully

Question 3

what is the role of individuals in achieving social cohesion?

Answer 3

• responsibility to ensure that they are aware of the laws + abide by them
• respect human rights + act in accordance with human rights
• assist police investigations, report crimes, use the legal system to resolve disputes

Question 4

what is the role of the legal system in achieving social cohesion?

Answer 4

• implements + enforces the law
• deals fairly + justly with individuals who have broken the law/breached someone’s rights
• settles disputes in a way that avoids further conflict/disruption to society

Question 5

what are the 3 principles of justice?

Answer 5

fairness, equality, and access

Question 6

what is fairness?

Answer 6

having fair processes and a fair hearing

Question 7

what is equality?

Answer 7

people should be equal before the law + have an equal opportunity to present their case (no advantage/disadvantage)

Question 8

what is access?

Answer 8

all people should be able to understand their legal rights and pursue their case (legal procedures should be accessible)

Question 9

how many steps are there for a bill to become an act?

Answer 9

10

Question 10

what are the first 5 steps for a bill to become an act?

Answer 10

1. introduction and first reading
2. second reading
3. committee stage/consideration in detail
4. third reading
5. the bill passes the house

Question 11

which house do bills usually go through first?

Answer 11

the lower house (house of representatives)

Question 12

what happens in the second house before the bill is passed?

Answer 12

the same steps as the first house

Question 13

what happens after the bill has passed both houses?

Answer 13

royal assent (governor-general in federal gov and governor in state gov approves the bill)

Question 14

what are the 2 houses in victorian parliament?

Answer 14

1. lower house (house of representatives, green)
2. upper house (senate, red)

Question 15

what are the characteristics of an effective law?

Answer 15

• must reflect society’s current values
• must be enforceable
• must be known
• must be clear and understood
• must be stable

Question 16

what are the 2 types of law?

Answer 16

civil law and criminal law

Question 17

what is civil law?

Answer 17

an area of law that defines the rights and responsibilites of individuals, groups, and organisations in society, and regulates private disputes

Question 18

what is criminal law?

Answer 18

an area of law that defines behaviours and conduct that are prohibited (crimes) and outlines sanctions (penalties) for those who commit them

Question 19

what are the 2 ways offences can be classified?

Answer 19

summary offences and indictable offences

Question 20

what are summary offences?

Answer 20

• minor criminal offences
• heard in the magistrate’s court
• contained in the summary offences act
• heard/determine without a judge or jury

Question 21

what are examples of summary offences?

Answer 21

drink-driving, disorderly conduct, minor assaults, etc.

Question 22

what are indictable offences?

Answer 22

• serious criminal offences
• heard by a juge and a jury
• heard in the county or supreme courts
• contained in the crimes act

Question 23

what are examples of indictable offences?

Answer 23

murder, manslaughter, etc.

Question 24

what are indictable offences heard summarily?

Answer 24

serious offences that can be heard and determined as summary offences

Question 25

when can indictable offences be heard summarily?

Answer 25

- if the accused consents - if the offence is punishable by not more than 10 years imprisonment or a fine greater than 1200 penalty units

Question 26

how are criminal cases cited?

Answer 26

DPP v defendant

Question 27

what is the DPP?

Answer 27

director or public prosecutions

Question 28

how are civil cases cited?

Answer 28

plaintiff v defendant

Question 29

what are the aims of criminal law?

Answer 29

- to protect society - to protect property - to protect individuals - to promote justice

Question 30

what are the aims of civil law?

Answer 30

- to regulate the conduct between parties to a dispute - to remedy a wrong that has occured

Question 31

what is the burden of proof?

Answer 31

the responsibility to prove the allegations made in a case

Question 32

who holds the burden of proof?

Answer 32

the person who initiates or brings the case to court (prosecution in criminal case, plaintiff in civil case)

Question 33

what is the standard of proof?

Answer 33

the strength of evidence needed to prove a legal case

Question 34

what is the standard of proof in a criminal case?

Answer 34

beyond a reasonable doubt

Question 35

what is the standard of proof in a civil case?

Answer 35

on the balance of probabilities

Question 36

what are the parties in criminal law?

Answer 36

the prosecution and the defendant

Question 37

what are the parties in civil law?

Answer 37

the plaintiff and the defendant

Question 38

what can the verdict be in a criminal case?

Answer 38

guilty or not guilty

Question 39

what can the verdict be in a civil case?

Answer 39

in favour of the plaintiff or in favour of the defendant

Question 40

what is the victorian court hierarchy (lowest to highest)?

Answer 40

1. magistrate's court 2. county court 3. supreme court (trial division) 4. supreme court (court of appeal) 5. high court of australia (federal)

Question 41

what are the specialist courts in victoria

Answer 41

- coroners court (investigates suspicious deaths and fires - childrens court (deals with cirminal and family matters involving children)

Question 42

which court hears summary offences?

Answer 42

magistrates court

Question 43

which courts hear indictable offences?

Answer 43

supreme court (trial division) and county court

Question 44

what are the reasons for having a court hierarchy?

Answer 44

- specialisation/expertise - appeals - doctrine of precedent - administrative convenience

Question 45

what are the 4 main features of the relationship between parliament and the courts?

Answer 45

- statutory interpretation - codification of common law - abrogation of common law - ability of courts to influence parliament

Question 46

what is statutory interpretation?

Answer 46

when courts interpret/give meaning to the words in statutes when applying them to a new case

Question 47

what is codification of common law?

Answer 47

when parliament collects all law (statute and common) on one topic together into a single statute

Question 48

what is the abrogation of common law?

Answer 48

when parliament cancels/abolishes a court-made law by passing an act of parliament

Question 49

what is the ability of courts to influence parliament?

Answer 49

when the court indicates in a judgement that they think a law should be changed by parliament

Question 50

what is statute law?

Answer 50

laws made by parliament, also known as acts of parliament/legislation

Question 51

what is the main role of parliament?

Answer 51

to make laws

Question 52

what is supremacy of parliament?

Answer 52

the fact that the final law-making power rests with parliament, which can repeal/amend its own statutes + pass legislation to override common law

Question 53

what is common law?

Answer 53

laws made by judges through decisions in cases, also known as case law/judge-made law

Question 54

what is the main role of courts?

Answer 54

to apply existing laws to cases

Question 55

what is the secondary role of courts?

Answer 55

to make laws as part of their determination of cases

Question 56

what are the 2 ways that courts can make laws?

Answer 56

1. through statutory interpretation 2. through establishing a precedent

Question 57

what is a precedent?

Answer 57

a principle established in a legal case that is followed by the courts in cases where the material facts are similar

Question 58

when do courts make precedents?

Answer 58

- when the meaning of words in statutes is unclear and needs interpretation - when there is no legislation in the area of law that a case refers to, or the previous law/principle needs expanding upon

Question 59

what are the 2 types of precedents?

Answer 59

binding and persuasive

Question 60

when is a precedent binding?

Answer 60

if it was set in a higher court in the same court hierarchy

Question 61

when is a precedent persuasive?

Answer 61

if it was set in a law court in the same hierarchy, the same level of court in the same hierarchy, or a court in a different hierarchy