Legal Studies

Magna Carta

* turned the UK from an absolute monarchy into a constitutional monarchy
* constrained the power of the monarch
* states the law is above all men and applies to everyone equally

Limits on government

the idea that the Monarch/government must always obey the law

Government by consent

idea that a government can only govern with the agreement and support of the people

The rule of law

* idea that all people and institutions are subject to and accountable to laws
* consequences of breaking the law should be predictable
* right to
* be told what they have been charged without delay
* to have a public trial

Justice

the idea that the justice system should treat everyone fairly and equally

The right to a fair trial

the courts should be free of bias

court of law

a public place where members of the judicial branch examine evidence to determine a person’s guilt or innocence

judge

* officer of the court who ensures the trial proceeds correctly without any bias
* ensures the law is applied correctly.

Lawyer

* practises and studies the law professionally
* represent your best interest

prosecution

* initiates the lawsuit
* wants to prosecute

defendant

defends the claim

juror

* has to be open-minded, fair and impartial
* decides on guilty or not guilty
* not involved in the actual sentencing
* not allowed to talk to others about the case or seek additional information outside the courtroom

Presumption of innocence

* guarantees that any person accused of a crime will be treated as innocent until the charge has been proved beyond reasonable doubt

burden of proof

* requires prosecution to prove their claim beyond a reasonable doubt


* innocent until proven guilty

Responsibilities

* something that a person is obligated to do
* 2 roles
* witness
* juror

witness

* has knowledge of event
* can not refuse to be a witness
* questioned by both sides
* HAS TO TELL THE TRUTH
* has to do oaths and affirmation
* oaths for religious
* affirmation for non-religious
* types:
* character witness
* expert witness

Access to Justice

if you can’t afford legal representation one will be provided to you, if you meet the conditions:

* in the interests of justice
* do not have sufficient means

Legal Assistance

* legal aid
* provided by government
* generally free
* includes
* education about the law
* legal information
* legal advice
* community legal centres
* minor or one-off legal assistance
* advice and information sessions
* receive funding from the state and federal governments and donation
* very largely or entirely staffed by volunteers
* Indigenous Legal Assistance Program
* funded by federal government
* ensure Aboriginal and Torres Strait Islander peoples receive the support needed
* program funds 7 organisations
* for each state (nsw and act share one)

law

* system of rules and regulations that govern people’s actions
* governments create and enforce law

civil law

* private disputes between people or organisations
* instead resolve disputes and/or decide on compensation (usually money)
* includes contractual disputes and family law

common law

* made by judges in a court using precedent cases to decide how they will judge a case

precedent

decisions made in previous similar cases

criminal law

* Criminal law refers to the body of law that relates to crimes, where crimes are offences against the public.
* involve government accusing someone of a crime.
* purpose: to punish offenders for their offences against the public
* summary offences and indictable offences

summary offences

* lowest form of criminal offences
* maximum penalty is 2 years imprisonment
* includes traffic offences and minor drug offences

Indictable offences

* more serious than summary offences
* broken into 2 offences:
* Minor indictable offences:
* maximum 10 years imprisonment
* theft, stalking


* Major indictable offences:
* maximum sentence of life imprisonment
* murder, rape, armed robbery

statutory law

* takes precedence over the common law
* evolved from Magna Carta
* created by the legislative
* involves bills passing into law (acts)
* has to go through both houses of parliament

binding precedent

* made by higher courts

persuasive precedent

* involves precedents set by the same court, lower courts or courts in other places.

executive law

* AKA delegated or regulatory law
* made by ministers, government agencies and other authorised bodies
* parliament can delegate limited law-making powers to minsters and agencies
* allows ministers, experts working in a given field and other officials the power to make detailed rules surrounding a piece of legislation.
* easier to understand as they are more specific
* doesn’t have to go through parliament’s legislative process; more easily changed
* must be approved by the Governor-General and state governors

Indigenous Customary Law

* the Indigenous Australians developed and maintained complex systems of customary law that helped to organise indigenous societies
* diverse and varies from place to place
* most indigenous cultures have councils of Elders decide on matters of guilt and punishment instead of courts
* punishments include
* public shaming
* teaching or initiation into new forms of knowledge
* spearing
* passed through oral tradition
* records the law but also taches the law to new generations

Rights

* moral or legal entitlement to have, do or not do something
* 3 groups
* natural
* human
* legal
* the rights to a fair trial and the presumption of innocence are considered legal and human rights

Legal/Civil/Statutory rights

* based on country’s laws, customs and policies
* specific to the society for which they are created

Natural/Moral Rights

* universal
* independent of society and apply to all people

Human Rights

The Universal Declaration of Human Rights contains most of the things that are considered human rights

examples of rights

* rule of law
* rights regarding timing
* to a trial without undue delay
* right to time to prepare defence with a counsel of their choosing
* rights to a lawyer/counsel
* right not to testify against yourself
* prevention of double jeopardy
* punished for the same offence more than once