Legal Foundations

Social Cohesion

A society in which all individuals work together to protect the safety and wellbeing of all its members

Laws and Social Cohesion

Guidelines on what is acceptable, Applies to everyone, Made by parliament

People and Social Cohesion

Responsibility to obey the law, Respect and protect human rights, Report crimes and use legal system

The Legal system and Social Cohesion

Methods that administer and enforce the law, Protect peoples rights, Courts help people avoid further conflict

Legal rules

Laws created by institutions within the legal system and enforced by the legal system

Non Legal rules

laws made by private individuals or groups in society, such as parents and schools, which are not enforceable by the courts

Principle of Fairness

All people can participate in the justice system and its processes are open and impartial

Principle of Equality

All people engaging with the justice system should be treated in the same way, unless this creates Inadequacy.

Principle of Access

All people should be able to engage with the justice system

Reflects societies values

-if law inline with societies CURRENT values people more likely to abide by it

-laws need to change frequently whenever views change

-EG: same sex marriage

Enforceable law

If people break the law it must be possible to catch and punish them.

Known

The public must know about it

Clear and understood

It must be clearly understood by the community

Stable

It must not change too frequently that people cannot keep up

Roles of the senate

Acts as house of review, Introduce and review bills, Decides on matters of national interest, Scrutinizes the executive branch

Roles of the house of representatives

Represent the people, Introduce and pass proposed laws, Review bills passed by the senate, Form government

Roles of legislative assembly

Form government for victoria, represent the people, Introduce and pass bills

Roles of Legislative council

Review and scrutinize bills from legislative assembly, Introduce and pass bills

Statute law

Law made by parliament

Common law

a law established by following earlier judicial decisions

Victorian Court Hierarchy

Supreme court (appeals), supreme court(trial division), county court, magistrates court, Tribunals

Appeals

to take a case to a higher court for a rehearing

Specialisation

Courts develop expertise in the types of case that come before them because they can determine similar cases frequently

Administrative Convenience

Using a hierarchy for courts means that cases can be distributed according to their seriousness and complexity.

Doctrine of precedence

Process of law-making through the courts, which depends on higher courts making decisions that are binding on lower courts

Ways to avoid precedence

Distinguish, Overrule, reverse, Disapprove

Binding Precedence

Must be followed by courts in the same hierarchy or lower

Persuasive precedence

Do not have to be followed, courts can choose to follow them

Statutory Interpretation

Judges give meanings to words or phrases so it can be applied to solve a case.

Codification of common law.

When parliament passes an act that reinforces a principle established by a court

Abrogation of common law

Parliament passing an act that overrides a principle established by a court

Ability of courts to influence parliament

Courts can influence changes in the law by parliament through their comments made during court cases.

Aim of Criminal Law

to protect society and sanction offenders

Aim of civil law

to regulate conduct between parties and to remedy a wrong that has occurred

Consequences of criminal law

sanction

Consequences of Civil law

remedy

Parties criminal law

prosecution and defense

Parties Civil law

plaintiff, defendant

Rule of law

No one is above the law