Legal Unit One Exam Revision

laws

legal rules made by a legal authority that are enforceable by police and other agencies

parliament

a formal assembly of representitives of the people- elected by the people and gathers to make laws

sanction

a penalty (i.e. fine/prison sentence) imposed by a court on a person guilty of a criminal offence

act of parliament

a law made by parliament; a bill that has passed through parliament and recieived royal assent

non-legal rules

rules made by a private individuals or group in society, such as parents and schools, not enforceable by court

Australian Constitution

a set of rules/ principles that guide the way Australia is governed, set out in the Commonwealth of Australia Constitution Act

Federation

the union of sovereign sates that gave up some of their power to a central authority

Governor- General

king’s representitive at the commonwealth level

Govenor

King’s representitive at the state level

Bicameral Parliament

a parliamentary system with two houses/ chambers

political party

an organisation that represents a group of people with shared views/ values

independents

individuals who stand as candidates in an election or are elected but don’t belong to a party

court hierarchy

the ranking of courts from lowest to highest according to seriousness/ complexity of matter dealt with

rule of law

the principle that everyone in society is bound by law and must obey the law, and that laws should be fair and clear, so people are willing to obey them

presumption of innocence

the right of a person accused of a crime to be presumed innocent until proven otherwise

princples designed to uphold the rule of law (4)

• the law must be clear, understood, known and enforceable

• the law must uphold the right to be presumed innocent unless proven otherwise

• hearings and trials must be heard by independent and impartial ajudicators

• the law must be applied equally and fairly

Social Cohesion

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

criminal law ⭐️

area of law that defines behaviour and conduct that are prohibited and outlines sanction for people who commit them

crime

an act or omission that is against an existing law, harmful to both individuals and to society and punishable by law (state)

imprisonment

a sanction that involves removing the offender from society for a stated period of time and placing them in prison

prosecution

the party that institutes criminal procedings against an accused on behalf of the state

accused

a person charged with a criminal offence but has not been found or pleaded guilty

offender

a person who had been found guilty of a criminal offence by a court

civil law ⭐

an area of law that defines the rights and responsibilities of individuals, groups, and organisations in society and regulates private disputes

plaintiff

(in civil cases) a party who makes a legal claim against another party in court

defendent

(in civil cases) a party who is alleged to have breached a civil law and is being sued by a plaintiff

tort

‘wrong’- a wrong that interferes with a peron’s legally protected interests

remedy

any order made by a court or tribunial that is designed to address a civil wrong or breach

should provide a legal sanction for the plaintiff for a breach of the civil law by the defendant

damages

an amount of money that one party is ordered to pay to another party for loss or harm suffered

most common is a civil claim

main difference between criminal and civil law

• aim of each area of law

• consequences if the law is not followed

relationship between criminal and civil law

some behaviour can give rise to both areas of law

codify (codification)

to collect all laws on one topic into a single statute

parliament passes an Act of Parliament that reinforces a principle established by a court

abrogate (abrogation)

to abolish or cancel a law / when parliament passes a law that overrides (abolishes) a precedent

why would parliament abrogate a law

• a court has interpreted the meaning of a statute in a way that does not reflect the current meaning or the intention of the parliament

• a court has developed a precedent that parliament does not agree with

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how do courts influence parliament

through comments made by judges during court cases

why would a court influence parliament to change laws (3)

• may be reluctant to change the law themselves

• a judge may believe that parliament is in a better position to look at a wider area of law

• parliament can carry out invistigations that courts cannot

court hierarchy

the ranking of courts from highest to lowest according to the seriousness/ complexity of cases dealt with

jurisdiction

the lawful authority/ power of a court tribunal or other dispute resolution body to decide legal cases

appeal

an application to have a higher court review a ruling (decision)

doctrine of precedent

the rule that the reasons of higher courts are binding on courts ranked lower in the same hierarchy in cases where material facts are similar

common law

law made by judges through decisions made in cases

AKA case law/ judge-made law

statutory interpretation

process by which judges interpret statute laws and legislations so it can be applied to a case in court

precedent

a principle established in a legal case that should be followed by courts in later cases where material facts are similar - can be binding or persuasive

aka a decided case

ratio decidendi

latin term meaning ‘the reason’; legal reasoning behind a judge’s decision- forms binding precedent

stare decisis

latin for ‘let the decision stand’- basic principle underlying the doctrine of precedent

binding precedent

the legal reasoning for a decision of a higher court that must be followed by a lower court in the same jurisdiction in cases where material facts are similar

persuasive precedent

a legal reasoning from a previous case made by a higher court that must be followed by a lower or equal court within the same jurisdiction or a court in a different jurisdiction

should be seriously considered but is not required to be followed when making a decision

obiter dictum

latin for ‘by the way’; comments made by the judge in a particular case that may be persuasive in future cases

main reasons for having a court hierarchy

• allows for speciation/ expertise

• enables parties to appeal to higher courts

• allows for administrative convenience/ efiicency

• necessary part of doctrine of precedent

statute law

law made by parliament

AKA Acts of Parliament/ Legislation

house of representitives

lower house of the commonwealth parliament

senate

upper house of the commonwealth parliament

election

process where eligible people vote to choose a person to hold position in a body/ organisation

government

ruling authority with power to govern, formed by party that hold majority of the lower house

opposition

party that holds second largest number of seats in lower house - questions government’s decision

coalition

an alliance or joining together of two or more parties, usually to form government

bill

a proposed law that has been presented to parliament to become law- becomes an Act of Parliament after passing all stages

governor

king’s representitive at state level

legislative assembly

lower house of Victorian Parliament

legislative council

upper house of Victorian Parliament

minister

member of parliament who is a member of the party in government and is in charge of a particular area of government

cabinet

a group of senior minsters in a government made up of the prime minister and senior government minsters who are in charge of a range of portfolios- decides which bills should be presented to parliament

supremacy of parliament

concept that final law-making power rests with parliament, which can repeal and amend its own statutes and pass legislation to override common law

AKA soverignity of parliament

private members’s bill

bill introduced into parliament by a MP who is not a government minister

secondary legislation / delegated legislation

rules/ regulations made by secondary authorities

main roles of lower houses

• represent people

• introduce/ pass bills

• review bills passed by the Senate/ legislative assembly

main role of upper houses (3)

• ensure equal representation of the states (S)

• introduce/ pass bills

• review bills passed by the lower houses

main role of parliament

pass statute laws

sue

to take civil action against another person, claiming that they infringed some legal right of the plaintiff (or did some legal wrong) that negatively affected the plaintiff)

elements of an effective law (5)

• reflective of societal values

• enforceable

• known

• clear and understood

• stable

reflects society’s values

If a law is in line with societal values, then people are more inclined to follow that law rather than ignore it

example of a law that reflect society’s values

Civil Rights Act of 1964, in the US, banned discrimination based on race, colour, religion, sex, or national origin, reflecting society’s push for equality and fairness

enforceable

if people brake the law it must be possible to catch and punish, or sue them

what makes a law enforceable

behaviour that is public, making it visible to law enforcement

eg. speed limit ✅

dreaming of a holiday ❌

known

public must know about a law, if they don’t, how can they follow it?

law makers must inform the public of any changes

examples of laws having be known

during lockdown when laws were changing overnight → law makers had to inform public when the law changed and what would change

clear and understood

laws must be written in a way so people can understand that law and the intent of the law is clear

clear and understood laws example

drink-driving law →prohibits driving with a blood alcohol concerntration above a specific limit ✅

“Reasonable force” in self-defence laws- can be very subjective/ circumstancial ❌

stable

if laws were constantly changing, it would be difficult for people to follow them

examples of stable law

criminal code regarding murder, defines / punishes murder clearly/ consistently ✅

immigation law can change frequently due to political shifts / policy changes leading to uncertainty/ unpredictability ❌

civil dispute

a disagreement between two or more individuals/ groups - one makes a legal claim against another party

fairness ⭐️

one of the principles of justice, all people can participate in the justice system and its processes should be impartial and open

Human Right Charter

main purpose is to protect and promote human rights

jury

independent group of people chosen at random to determine questions of fact in a trial and reach a decision (verdict)

bias

a prejudice/ lack of objectivity in relation to one person or group

apprehended bias

a situation where a fair- minded law obersver might reasonably believe that the person hearing/ deciding a case (judge/magistrate) might not bring an impartial mind to the case

evidence

information/ documents/ other material used to prove the facts in a legal case

equality ⭐️

people should be treated in the same way, if the same treatment causes disparity/ disadvantages, adequate measures should be implimented to allow all to engage with the justice system without disparity/ disadvantages

disparity

a situation where two or more things or people are not equal, and inequality causes unfairness

access ⭐️

all people should be able to engage wih the justice system and its proccesses on informed bias

Victoria Legal Aid (VLA)

government agency that provides free legal aid and advice to everyone

lawyer

someone who has been trained in the law and is qualified to give legal advice

features of fairness ⭐ ️(3)

• impartial processes

• open processes

• participation

formal equality ⭐️

people should be treated equally regardless of their personal characteristics

substantive equality ⭐️

sometimes it is necessary to treat someone differently to ensure equality

eg. legal aid

access ensure that…..

people are able to access information and education about their rights and court processes

impartial processes

all personel involved in the legal system - judges, magistrates, jury membrs and court personel- must be impartial and independent

open processes

ensures transparency in processes, allows those processes to be scrutinised by the community and reported in the media

there are some circumstances where a court needs to be ‘closed’ or a dispute decided in private → eg. sometimes a courtroom is closed to the public to protect young witnesses such as children

features of participation (5)

• person who is defending a case must have the oppourtunity to know all facts raised against them- other party must disclose all evidence to the person defending the case

• the person defending the case must have the time and facilities to prepare a defence

• people should have the oppourtunity to engage a lawyer to enable them to participate

• people should be able to engage and use an interpreter if they are unable to understand or communicate in english

• the case should be heard in a timely manner and without unreasonable delay