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Legal Studies
Foundations of The Legal System, Criminal Law & Justice, The Criminal Courtroom
| Question | Answer |
|---|---|
| What are the 3 principles of fairness? | Fairness, Equality and Access |
| What is the principle of fairness? | The impartial and just treatment in the legal system that ensures all parties in a legal dispute are given a fair hearing free from bias. |
| What is the principle of equality? | All individuals are subject to the same laws and are treated equally by the legal system regardless of their personal characteristics. Sometimes to achieve equality you need to treat people differently. |
| What is the principle of access? | Everybody has the ability to understand their legal rights and use the legal system effectively to resolve disputes or protect their interests. |
| Why are laws important? | They provide for social cohesion and protect the rights of individuals. |
| How do laws provide for social cohesion? | They provide guidelines of acceptable behavior, protect the vulnerable (sick, children, elderly), uphold justice and fairness, punish offenders, remove dangerous offenders form society and minimize disruptive and dangerous behavior. |
| How do laws protect the rights of individuals? | They establish appropriate means to resolve disputes and enforce rights through courts and police. |
| What are the 3 branches known as the separation of powers? | Legislative: power to make and change laws. Executive: power to executes and enforces laws. Judiciary: power to make judgements on laws. |
| What is the Victorian court hierarchy? | 1 – high court 2 – supreme court of appeal 3 – supreme court trial division 4 – county court 5 – magistrates court |
| What is precedent? | Precedent requires court to follow the decisions made by superior courts when deciding on cases of similar fact. It is based on the concept stare decisis, to stand by what is said. |
| What is binding precedent? | Precedent that must be followed and is considered binding as the material facts are similar to the facts of the current case and the precedent was set in a higher court of the same hierarchy. |
| What is persuasive precedent? | Precedent that is not bound and can be chosen to follow. It is considered persuasive if it was set by the same or lower court of the same hierarchy or any court in another hierarchy. |
| What is statutory interpretation? | The process by which the courts interpret and apply legislation. |
| Why do laws change? | Law reform happens for a number of reasons such as changes in beliefs, values and attitudes, social conditions or advances in technology. |
| How can individuals influence law reform? | Individuals can influence the law through petitions, demonstrations and the use of courts. |
| What are 5 traits of an effective law? | 1 – laws must reflect society’s values 2 – laws must be enforceable 3 – laws must be known 4 – laws must be clear and understood 5 – laws must be stable |
| What is a bilateral treaty? | A formal agreement between Australia and one other country. |
| What is a multilateral treaty? | A formal agreement between Australia and two or more other countries. |
Created by:
kendall1121
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