Legal Studies Unit 1 Outcome 1 Legal Foundations (not fully edited)

Laws

Legal rules made by a legal authority that are enforceable by police and other agencies.

About Laws

• Are generally made by parliament, laws made by parliament are often referred to as legislation, statutes or acts of parliament

• Apply to everyone in society

• Laws are enforceable by courts

• If a law is broken, the individual may receive a penalty (sanction)

Sanction

A penalty imposed by a court on a person guilty of a criminal offense, such as a fine or prison sentence.

Act of Parliament

A law made by parliament that has passed through parliament and received royal assent (known as a statute)

Statute Law

Law made by parliament.

Legal Rules

Rules made by a legal authority that are enforceable by police and other agencies.

Non-Legal Rules

Rules made by private individuals or groups that are not enforceable by courts.

Difference and Similarities of Legal and Non-Legal Rules

• Differences

- legal rules apply to everyone

- non-legal rules apply to only certain people

- legal rules are made by legal authority

- non-legal rules can be made by anyone

- legal rules are enforced by legal bodies (e.g police)

- non-legal rules can be enforceable but not by courts

• Similarities

- they both regulate behavior and set expectations

- both are enforceable

Australian Constitution

• A set of rules and principles that guide the way Australia is governed

• A constitution is a legal document that outlines the basic rules of government and law making powers

Federation

The union of sovereign states that gave up some of their powers to a central authority to form Australia.

Parliament

A formal assembly made up of representatives of the people who gather to make laws.

Court Hierarchy

The ranking of courts from lowest to highest according to the seriousness and complexity of the matters they deal with.

Rule of Law

The principle that everyone in society is bound by law and must obey the law, and that laws should be fair and clear.

Social Cohesion

The willingness of members of a society to cooperate with each other in order to survive and prosper.

Fairness

A principle ensuring all people can participate in the justice system and that the processes are impartial and open.

Equality

Treatment of individuals in the same manner, but with measures taken to address disparities.

Access

Ensuring that all people can engage with the justice system on an informed basis.

Common Law

Laws made by judges through decisions made in cases.

Statutory Interpretation

The process by which judges give meaning to the words or phrases in an Act of Parliament.

Binding Precedent

Legal reasoning for a decision of a higher court that must be followed by a lower court in similar cases.

Persuasive Precedent

Legal reasoning for a decision of a lower court that does not have to be followed by a higher court.

Criminal Law

Defines behaviors that are prohibited and outlines sanctions for offenders.

Civil Law

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

Remedy

Any order made by the court to address a civil wrong or breach.

Damages

An amount of money awarded in a civil case as compensation.

Separation of Powers

The division of government responsibilities into distinct branches: legislative, executive, and judiciary.

Presumption of Innocence

The right of a person accused of a crime to be presumed innocent until proven guilty.

Doctrine of Precedent

The rule that the decisions of higher courts bind lower courts in similar cases.

Ratio Decidendi

'The reason' behind a judge's decision.

Stare Decisis

'Let the decision stand'; the legal principle of determining points in litigation according to precedent.

Obiter Dictum

'By the way'; comments made by a judge that may be persuasive in future cases.