Legal

What are the three principles of justice as outlined in the notes?

Fairness, equality, and access.

What does fairness mean in the context of justice?

All people can participate in the justice system, and its processes should be unbiased and open.

What is meant by equality in the justice system?

All people engaging with the justice system and its processes should be treated in the same way.

What is the principle of access in the justice system?

All people should be able to engage with the justice system and its processes on an informed basis.

What is the role of individuals in the justice system?

To learn, familiarize, and properly follow the law.

What is the role of the legal system?

To create and enforce laws.

What is meant by the impartial process in legal proceedings?

There should be no bias towards or against any party, and cases must be decided based on facts and law.

What must a person defending a case be allowed to do?

They must have the opportunity to know the facts raised against them and time to prepare a defense.

What is statute law?

Laws made by parliament, also known as Acts of Parliament.

How are common laws created?

Through judges interpreting and applying legislation to specific cases, creating precedents.

What are the characteristics of an effective law?

A law must be enforceable, easy to understand and known, and must reflect society’s views.

Why must a law reflect society’s views?

So that members of the community are inclined to follow them.

What defines criminal law?

Defines behaviours that are prohibited and outlines sanctions for those committing crimes.

What is civil law?

Defines the rights and responsibilities of individuals in society and regulates private disputes.

What is a sanction?

A penalty imposed by a court on a person guilty of a criminal offence.

Who is the prosecution in a criminal case?

The party that institutes criminal proceedings against an accused on behalf of the state.

What is the difference between a plaintiff and a defendant in a civil case?

The plaintiff makes a legal claim against another party, while the defendant is alleged to have breached a civil law.

What is social cohesion?

The willingness of members of a society to cooperate with each other.

What is the rule of law?

The principle that everyone is bound by law and that laws should be fair and clear.

What is a court hierarchy?

The ranking of courts from lowest to highest based on the seriousness and complexity of matters.

What is the significance of appeal in the court hierarchy?

Allows parties to lodge an appeal with a higher court if dissatisfied with a lower court’s decision.

What is meant by specialisation in the court system?

Different courts have specific skills and resources to deal with various types of cases.

What does the doctrine of precedent entail?

Courts must follow standards set by previous rulings in similar cases.

How do parliament and the court system interact?

Parliament creates laws that represent society's views, which courts then interpret and enforce.