Copy of Year11 legal studies revision 1.

Social Cohesion

A society where individuals are free to live peacefully and pursue their interests.

The Role of Laws

Provide guidelines for behavior, establish rights and responsibilities, and resolve disputes.

Principles of Justice

Core values that ensure fair treatment, equality, and access within the legal system.

Fairness

Laws and legal processes must be fair, with impartial treatment for all.

Equality

All individuals must be treated equally before the law, without discrimination.

Access

Everyone should have access to legal advice, representation, and dispute resolution.

Characteristics of an Effective Law

Laws must reflect society’s values, be enforceable, known, stable, and clear.

Common Law

Law created by judges in courts when resolving disputes.

Precedent

A legal principle established in a case that must be followed by lower courts in similar cases.

Statutory Interpretation

When courts interpret unclear words in legislation to apply them to a case.

Statute Law

Laws made by parliament at state or federal level.

Supremacy of Parliament

Parliament can override common law.

Criminal Law

Law that protects society and punishes offenders.

Civil Law

Law that resolves disputes between individuals or groups.

Burden of Proof

The obligation to prove one's assertion in a court of law.

Standard of Proof

The level of certainty required to establish proof in a legal proceeding.

Remedies

Legal means to enforce a right or redress a wrong, often in civil law.

Statutory Interpretation Process

Occurs when courts clarify unclear words in legislation.