Help
Options
Didn't know it?
click below
click below
Knew it?
click below
click below
Don't Know
Remaining cards (0)
Know
retry
shuffle
restart
0:00
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.
Normal Size Small Size show me how
Normal Size Small Size show me how
SAC 1
law revision for the 1st sac
| Term | Definition |
|---|---|
| Criminal Law | - Aims to protect the community by establishing crimes and sanctions. |
| Civil Law | - Seeks to enforce individual rights where harm has occured and regulates disputes between individuals. |
| Rights protected by law | - Rights protected by civil law (eg. employment laws) and rights protected by criminal law (eg. safety laws). |
| Sources of Law | - The parliament and the courts. |
| Sources of Law (Parliament) | - make laws through the legislative process - is supreme to all other laws |
| Sources of Law (Courts) | - developed when judges make decisions in cases |
| Relationship between courts and parliament | - they work together to ensure laws are effective, workeable & enforceable. eg. abrogation, codification |
| Abrogation | - refers to when common law has been cancelled. - parliament pass legislation that overrides common law whne they do not agree with the precedent. |
| Codification | - when the Parliament confirms the precedent made by the courts. - Parliament passes a law that supports and upholds a precedent. |
| Key characteristics of effective laws | 1. Reflect society's values 2. Be enforceable 3. Be known 4. Be clear & understood 5. Be stable |
| Principles of Justice | - Fairness - Equality - Access/accessibility |
| Fairness | ‘All people can participate in the justice system, and it processes should be impartial and open’ - impartial processes - open processes - participation |
| Equality | - rules should apply to both parties - everyone is treated the same regardless of their different personal characteristics or beliefs. |
| Access/Accessibility | ‘All people should be able to engage with the justice system and its processes on an informed basis’ - being able to engage - informed basis |
| Court Hierarchy (Victorian) | (Highest to Lowest) High Court of Australia Supreme Court of Victoria (Court of Appeal) Supreme Court of Victoria (Trial Division) County Court of Victoria Magistrate's Court of Victoria |
| Reasons for court hierarchy | - Specification & expertise - Allows for appeals - Administrative convenience - Necessary part of the doctrine of precedent |
| Social Cohesion | - willingness of society's members to work together in order to prosper & survive |
| Legislation/Act of Parliament/Statute Law | - law made by parliament |
| Government | - party with the balance of power (the party who has the most members in the lower house/House of Representatives). |
| Precedent | - a principle of law established by the court either through a new interpretation of statute law or expanding an existing principle. |
| Statutory Interpretation | - when courts interprets the wording of legislation and the decision about the meaning becomes part of the law to be followed in the future. |
| Common Law | - is law made by the courts. |
| Binding Precedent | - must be followed by lower courts in the same hierarchy when there is a similar situation/case or it is set by a higher court. |
| Persuasive Precedent | - it doesn't have to be followed but it could be. - it is only persuasive in Victoria when it comes from another court hierarchy, is set by a lower court, or the precedent is made by the same court. |
| Relationship between criminal and civil law | - The same behaviour can give rise to both a criminal case & civil dispute. eg . Assault is both a crime & an intentional tort |
Created by:
yaannica
Popular Law sets