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22 Cards in this Set
- Front
- Back
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what is the role of individuals laws and the legal system in achieving social cohesion, and protecting the rights of individuals |
individuals establish boundaries for behaviours Legal punishes people doing the wrong thing Law sets boundaries and says what is and isn’t acceptable . Without it society becomes chaotic |
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explain the principle of justice: fairness |
Involves impartial treatment for all people under the law without fear or favour. For example, a person is considered innocent until proven guilty and has a fair trial |
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explain the principle of justice: Access |
Involves the provision of a range of methods and institutions to settle disputes within the legal system for example access to legal information, legal personal legal bodies |
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explain the principle of justice: Equality |
All citizens should be treated equally before the law. No one should be treated advantageously or disadvantageously, however, sometimes to treat people the same you have to treat them differently |
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what is statute law |
they are made in parliament. Laws made by parliament are called, statute laws |
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define common law |
created by judges through their decisions regarding cases. This established the principal of stare decisis meaning (left the decision stand) |
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what is the relationship between parliament and the court |
statutory interpretation - courts will interpret the meaning of statutes and secondary legislation Codification of common law- confirming common-law precedence and putting them into legislation abrogation of common law- parliament, may override or change common-law ability of courts to influence parliament - judges may make comments that encourage parliament to address the law |
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what is statutory interpretation |
Courts can only make laws by interpreting. The laws of Parliament or new issue is bring bought before them, and no legislation exists |
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what is precedent |
when a court decides a case that is the first of its kind, establishes a precedent. They can be either binding or persuasive. |
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what is the difference between binding and persuasive precedent? |
binding precedent must be followed and persuasive precedent doesn’t have to be followed. |
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what is criminal law |
Establishes crimes by setting sanctions for those who commit crimes The consequence, if found guilty, can be minor, a small, fine or severe, imprisonment |
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what is civil law |
regulates disputes between individuals and groups and 61 fourth rights we’re home has occurred Civil disputes are private disputes and do not involve the police or the state, unless the government is a party in dispute |
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what is criminal law |
Establishes crimes by setting sanctions for those who commit crimes The consequence, if found guilty, can be minor, a small, fine or severe, imprisonment |
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what is civil law |
regulates disputes between individuals and groups and seeks to enforce rights where harm has occurred Civil disputes are private disputes and do not involve the police or the state, unless the government is a party in dispute |
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what are the two parties in civil disputes |
the plaintiff - party who makes the claim defendant |
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what is the sim o |
to remedy a civil wrong by returning the person whose rights have been infringed |
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what is the relationship between civil and criminal law |
The same behaviour can give rise to both the criminal case, and a civil dispute. For example the police may charge an individual with assault and the victim may sue for damages |
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what is the heirachy of victorian courts lowest to highest |
Magistrates court county court supreme court federal court |
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4 reasons there is a heirachy |
Specialisation of expertise. Allows for appeals. Allows for doctrine of precedent, decisions made by higher courts are binding on lower courts. Allows for administrative convenience, smaller cases, I heard by lower courts, and more complex cases, are heard by higher courts |
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what are the 2 sources of law |
Statute law common law |
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what is the role of laws in achieving social cohesion, and protecting the rights of individuals? |
A society that works towards the well-being of all its members. Fights exclusion and marginalisation, and creates a sense of belonging. |
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what is social cohesion |
are socially, cohesive society is one which works towards well-being of all its members, fights exclusion, modularisation, great sense of belonging promotes trusted office, its members opportunity of upward mobility |
