legal sustem

leg all

laws

a set of rules or regulations made by legal authorities to regulate behaviour. Are enforced by law enforcement agencies and have legal consequences if broken

examples of legal consequences

fines, imprisonment, community service

rules

a set of regulations that are followed by members of a specific group or institution, enforced by leadership or members of authority

4 main reasons for laws

protect society, establish acceptable conduct, facilitate change, resolve disputes

protection of society- reason for law

australian society is protected by laws that recognise the different values society holds: moral, social, economic, political

moral values

describe behaviours that are classified as right, wrong, good, or bad

social values

establish what is considered normal within society

economic values

establish norms for business and the market place

political values

protect our democratic society and determine how australia is governed

establishing acceptable conduct- reason for law

aim to establish what individuals can and cannot do within society, therefore allowing us to live in harmony by regulating behaviour

facilitating change- reason for law

laws need to be able to adapt to keep up with society, changes can be made to existing laws or new laws are introduced when necessary

resolution of disputes

individuals who disobey the law may be prosecuted or punished, disputes between individuals or parties are settled in a fair and equitable manner, courts and tribunals are used to interpret and apply the law

characteristics of an effective law

reflect society’s views and values, be enforcable, be known, be clear and understandable, be stable

reflect society’s views and values

• must align with the views, values and opinions of society

• uphold what the majority of the general public believes in and accepts

• representative government: members are elected to represent their voter’s interests

be enforcable

it must be possible to catch, punish or sue offenders that break the law

be known

public is informed of any changes to laws, ignorance of the law is no excuse

be clear and understood

written in a way that people can understand it and its intent

stable

provides legal certainty that ensures the community knows their rights and obligations, encourages adherence to laws

principles of justice

fairness, equality, access

fairness (POJ)

all people can participate in the justice system and its processes should be impartial and open

equality

all people engaging in the justice system and its processes should be treated fairly, with adequate measures implemented so no disparity or disadvantage is made

access

all individuals are given the opportunity to participate in the justice system with adequate knowledge about it

key principles behind australia’s justice system

equality before law, fairness, independant and impartial judiciary, the right to appeal

equality before law

all people should be treated equally regardless of age, gender, race, ethnicity, income, mental capacity or influence

fairness (AJS)

legal processes and laws must be fair

independant and impartial judiciary

jurors must have no connection to the victims or accused, be separate from the parliament and government, ensure that the accused recieves a fair trial and justice is carried out

the right to appeal

legal ability to ask a higher court to review and potentially overturn a decision made by a lower court or tribunal

statute law (acts of parliament, legislation, statutes)

written law that is made by parliament

common law (case law, judge made law)

law made by judicial decisions and court rulings

statutory authority

government owned and controlled businesses or regulatory bodies that provide public services, are created by parliaments to make minor laws on their behalf in a more timely and efficient manner

judges can make laws by:

creating a precedent where no law exists or by creating a precedent when interpreting statutes .

binding precedent

decisions made in higher courts that are binding on all lower courts within the same court hierarchy

persuasive precedent

precedents that are not binding on a court, however might still be considered by a judge and influence their decision

how judges develop or avoid precedents

reversing, disapproving, distinguishing, overruling

reversing

the same case is taken to a higher court on appeal to be reviewed, this precedent can then no longer be applied after being reversed

dissapproving

the court is bound by a precedent, but expresses its disapproval. Does not change the precedent, but a higher court when deciding on another case may consider the disapproval expressed by the lower court

distinguish

if the materal facts of a case are significantly different from the case with the binding precedent, the lower court may not have to follow their decision

overrule

a previous precedent can be overruled by a higher court in a different case, making it no longer appliable

original jurisdiction

the power to hear a case for the first time

appellate jurisdiction

the power to hear appeals from cases that were held in lower courts

court hierarchy

magistrates’ (children’s and coroners) , county court, supreme court, high court

4 reasons for court hierarchy

specialisation, doctrine of precedent, administrative convenience, appeals

specialisation

the courts developing expertise in their jurisdiction, resulting in higher efficiency when handling cases

doctrine of precedent

judges decide cases and therefore make the law by referring to previous judicial decisions

administrative convenience

matters are allocated to an appropiate court according to the seriousness and complexity of each case, increasing efficiency and reduces delays in determining cases

appeals

individuals or parties in a court case can present their case to a higher court if they are not satisfied with the outcome

conditions of appeals

dissatisfaction with a court’s decision on a point of law, more expense appealing up the hierarchy

supreme court/ court of appeal

all appeals of criminal and civil nature, appellate jurisdiction on all lower courts, judge and jury

supereme court/ trial division

all civil disputes and indictable offences including murder, appellate jurisdiction on the magistrates’ court, judge and jury

county court

all civil disputes and indictable offences except murder, appellate jurisdiction on a conviction or sentence, judge and jury

magistrates’ court

all summary offences and civil disputes less than or equal to 100 000, no appellate jurisdiction, magistrate

jury

and independant group of people randomly selected from the victorian electoral commission roll and emparelled to decide on the evidence in a case and reach a verdict

aspects of jury

used in the county and supreme court, 12 for criminal trial, 6 for civil trial, protected by section 80 of the australian constitution

why do we need a jury

impartial decision making, transparency, represent community standards, public confidence,

roles of the jury

listen to evidence and arguments represented by both sides, be independant and unbiased,must all reach a unanimous verdict