EXAM REVISION- AOS 1 (unit 1)

who must obey rules and laws

1. all of society
2. specific to a certain group/community

Who makes the rules

1. parliaments, courts, subordinate authorities
2. schools, parents, sporting clubs

Who enforces the rules

Legal- police

Non legal- schools, parents, sporting clubs (the individual or group who created the rule)

A legal rule is a…

a law which applies to the whole community, is made by a lawmaking body (such as parliament) and is enforced by police and courts

A nonlegal rule is…

does not apply to everyone, and is a guide to acceptable behaviour in a certain place, such as a school or court

Why do society need laws (3)

1. To provide guidelines of acceptable behaviour
2. Protect society
3. Provide mechanisms to resolve disputes (eg. courts)

Identify the three levels of lawmaking

1. Commonwealth parliament
2. State and territory parliaments
3. Local councils

Define social cohesion

the willingness of members of a society to cooperate in a harmonious manner in order to survive and thrive

Define equality

All individuals should be equal before the law, and an equal opportunity to present their case as anyone else, without advantage and disadvantage

Define fairness

Having a fair process and a fair hearing

Impartial and just treatment or behaviour without favouritism and discrimination

Define access

All people should be able to understand their legal rights and pursue their case

(legal aid)

Three characteristics of an effective law

1. It must be known to the public
2. It must reflect societies values
3. It must be enforceable

Define common law

law made my judges in court cases (stat interpretation)

Define statute law

law made by parliament (legislation)

Relationship between parliament and the courts (4)

1. Parliaments pass acts to establish courts
2. Courts apply and interpret law made my parliament
3. Parliament can abrogate or codify common law
4. Court decisions influence changes in the law by parliament

Four key differences between criminal law and civil law…

1. Any monetary fines are paid to the state
2. Protects the whole community
3. Protects individual rights
4. Compensation is paid to the plaintiff

Four reasons for court hierarchy

1. Appeals
2. Specialisations
3. Administrative convenience (Different courts for different things, saves time and resources)
4. Doctrine of precedent (reasons for the decisions on higher courts are binding on lower courts)