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Legal
UNIT 1 AOS 1
| Question | Answer |
|---|---|
| Fairness | that unbiased legal process is in place, and each party receives a fair hearing. |
| equality | to not discriminate against race, sex, religion etc. e.g Koori Courts. |
| access | individuals have the understanding of their legal right. |
| Difference between fairness and equality. | |
| Characteristics of an effective law. | laws exist to discourage unsafe conduct and to encourage positive behaviour. For a law to achieve these aims it must possess particular characteristics that ensure it’s effective. |
| Reflects society values | Reflects society values - it's necessary for laws to reflect what society believes in and values since Australia has a representative government. |
| enforceable | monitor whether people follow the law, and provide consequences for those who don't. |
| known | to ensure that the public are aware of any new laws that are passed and also given time to become familiar with any new laws. |
| clear | the government will often attempt to clearly explain the law to the community if the law is overly complex. |
| stable | laws are often only effective if they are implemented for a reasonable period of time, so they shouldn’t change so frequently that it’s difficult to keep up with. |
| Sources of Law. | |
| statute law | laws that are made by parliement |
| common law | laws that are made by the courts. |
| Legislative Process | |
| Passage of a bill through Parliament | initiation - introduce a bill for the first time. first reading - introduce basics of bill second reading - most debate, discussion & change. optionL - (committee of the whole) controversial issues. e.g. same sex marriage. |
| Passage of a bill through Parliament | third reading - finalise details - formality. other house royal assent - bill changes to law. |
| Delegated Legislation | parliament has the power to delegate (give over) its lawmaking power in certain areas to their bodies. including - local councils and government agencies. |
| Common Law | common law operates through a process called the doctrine of precedent. This means when a similar case comes before a court, the precedent on the previous case is applied so that the similar cases are decided in the same way. |
| Features of the doctrine of precedent: | stare decisis - ‘stand by what has been decided’ following the decision of past cases in future cases with similar nature. ratio decidendi - ‘the reason for the decision’ refers to the legal reasoning given by the judge in reaching their decision. |
| Features of the doctrine of precedent: | obiter dictum - any comments made in the judgement of the court. binding precedent - a precedent that must be followed by all lower courts. |
| Features of the doctrine of precedent: | persuasive precedent - a precedent that can act as a point of reference for the judges developing principles of law. |
| Parliament & Courts | |
| Parliament supremacy | parliament has absolute sovereignty and can make, repeal and change any laws whenever, provided that the law is about a matter with their jurisdiction. |
| establishing courts | each court was created by an Act of parliament. Each Act establishes a particular court and jurisdiction. Parliament can change the Acts at any time and add or take from courts jurisdiction. |
| statutory interpretation | when the courts give meaning to the words in legislation when resolving a dispute. |
| Reasons & effects of statutory interpretation | |
| Studded Belt case | |
| Kevin case | |
| How courts affect parliament | |
| Comments | judges comment on whether particular legislation is appropriate to the cases being presented. |
| High profile cases | serious criminal cases are commonly reported in the media. This can lead to political pressure on the parliament to change statute law. |
| codifying | the classifying, restarting, and incorporation of common law into legislation. |
| abrogation | when parliament disagrees with a legal principle developed by a court. parliament has the ability to abrogate law with the exception of decisions, and the High Court relating to the Constitution. |
| validation of statute | the high court can hear applications where a party is claiming that a parliament has made a law that it’s not their power to make. |
| Mabo Case | |
| Trigwell Case | |
| Criminal & Civil law | |
| Key features | |
| Purpose | criminal - to protect society from harm, and punish those who offend against our basic values. civil - to provide individuals and organisations the right to seek a remedy if someone else harms their individuals. |
| Parties | party bring the case - criminal - prosecution civil - plaintiff party defending the case - criminal - accused civil - defendant party responsible for pricing the case (burden of proof) - criminal - prosecution civil - plaintiff |
| Outcomes | criminal - sanction - if an accused is found guilty the judge will impose a sentence in accordance with the severity of the crime. |
| Outcomes | civil - remedy - if a defendant is found to be liable for infringing on the rights of the plaintiff, the plaintiff will be awarded a remedy as compensation. |
| Examples | criminal - murder, manslaughter, assault, theft. civil - negligence law, family law, contract law, property law. |
Created by:
evaaakellyyy
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