U1 legal foundations

Question 1

rule def

Answer 1

non-legal rules: regulations/codes/policies made by individuals or groups in society, they don’t originate from legal institutions

Question 2

laws def

Answer 2

legal rules, made by legal institutions such as parliament or the courts, apply to society but enforceable by courts and police

Question 3

prior federation

Answer 3

british colony, declared land terra nullius=no mans land

Question 4

federation

Answer 4

jan 1st 1901, own constitution=recognised as own independent country

Question 5

constitution and significance

Answer 5

*establish parliament
*establishes law making powers
*establishes judicial role of high court
*establishes how the constitution can be changed

Question 6

parliament

Answer 6

formal assembly made up of representatives of people who are elected by the people to make laws except for the GG who is appointed

Question 7

social cohesion

Answer 7

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

Question 8

social cohesion aims

Answer 8

*minimise disparity
*improve wellbeing
*avoid marginalisation

Question 9

how law promote social cohesion

Answer 9

*set up guidelines
*create boundaries
*est rule of law

Question 10

how individuals promote social cohesion

Answer 10

follow law and aware

Question 11

how legal system promote social cohesion

Answer 11

ensuring institutions exist to effectively create, implement and enforce law

Question 12

fairness

Answer 12

all people can participate in the legal system and its processes should be impartial and open

Question 13

sub cat-fairness

Answer 13

impartial-all personal act impartial and independent to show no bias or discrimination
open-open and transparent
participation-able to effectively participate in legal system

Question 14

equality

Answer 14

all people engaging in legal system should be treated in the same way: if same treatment creates disparity or disadvantage, adequate measures should be taken to allow all to engage without disparity or disadvantage

Question 15

formal equality

Answer 15

all individuals treated the same

Question 16

substantive equality

Answer 16

treat same way=disadvantage
t/f measures put into place

Question 17

access

Answer 17

all people should be able to engage in justice system and its processes on an informed basis

Question 18

access-engagement

Answer 18

utilise/interact with
-physical
-financial

Question 19

access-informed basis

Answer 19

awareness of processes and procedures, awareness of rights
-education
-access to legal support
-legal rep

Question 20

effective law

Answer 20

-reflect society value
-are enforceable
-are known
-clear and understood
-stable

Question 21

how many in house reps?

Answer 21

151 members

Question 22

role house rep

Answer 22

-forms government (has min 76 seats)
-hold govt accountable
-introduce and pass proposed law

Question 23

role senate

Answer 23

-review bill passed
-ensure equal rep for states
-introduce and pass proposed laws

Question 24

statute law

Answer 24

bill passed through parliament and received royal ascent from GG

Question 25

structure vic parliament

Answer 25

-the crown -legislative assembly(LH) -legislative council(UH)

Question 26

leg assembly

Answer 26

divided 8 electoral district, 8988 electoral district=88 members

Question 27

role leg assembly(LH)

Answer 27

-forms gov -hold govt accountable -introduce and pass proposed law

Question 28

leg council

Answer 28

eleven districts, 5 mem each region = 40 members

Question 29

role leg council(UH)

Answer 29

-review bills passed by leg assembly -introduce & pass proposed law -represent views of region in law-making

Question 30

common law

Answer 30

body of law been made by judges in superior courts

Question 31

precedent

Answer 31

legal principle est through decisions made by judges in superior courts

Question 32

reasons court hierarchy

Answer 32

1. specialisation 2. appeal 3. administrative convenience 4.precedent

Question 33

specialisation

Answer 33

def:develop expertise or knowledge in area each court has own jurisdiction and will be exposed to same types of cases=expertise=decisions made fairly and consistently

Question 34

appeal

Answer 34

parties who believe lower court made incorrect decision, avenue of higher court to seek appeal or review trial judges decision

Question 35

administrative convenience

Answer 35

ensuring ranking of courts, w/o ranking and est jurisdiction, prioritisation of resources may not be achieved which limits efficiency

Question 36

precedent- court hierarchy

Answer 36

w/o ranking no superior courts to establish a precedent