AOS1 legal studies UNIT 1

Principles of justice (POJ)

when thinking about justice the following the 3 principles of justice (Fairness, access, equality) should be considered.

Fairness

involves impartial treatment for all people under the law w/out fear or favour. it is about fair processes and procedures.

example of fairness (POJ)

considered innocent until proven guilty & a fair trial

Access

involves the provision of a range of methods and institutions to settle disputes in the legal system: access to legal information, legal personnel, and legal bodies. Access can be impeded by time, cost and stress.

example of access (POJ)

the availability of courts or tribunals to hear a case. Online legal info provided by Victoria Legal Aid.

Equality

all citizens should be treated equally before the law. No one should be treated advantageously or disadvantageously. however, sometimes to treat people the same you have to treat them differently.

examples of equality (POJ)

providing additional assistance to someone with a mental impairment

characteristics of an effective law

V.E.C.K.S

reflects societies VALUES

must be ENFORCEABLE

must be CLEAR

must be KNOWN

must be STABLE

criminal law

Deals with offenses against the state, like theft, assault, or murder, where the government prosecutes the accused, and penalties can include fines or jail.

aim of criminal law

Aim is to protect society and to sanction offenders. Includes crime against the person (murder), property (theft), the state (treason) or the legal system (perjury). Prosecution (brings the case forward) vs Accused. Outcome is a sanction.

what is a crime

An act or omission that is against an existing law. Punishable by law.

civil law

Handles disputes between individuals or organizations, like contract issues or personal injury claims, where the goal is usually compensation rather than punishment.

aim of civil law

Aim is to regulate the conduct between parties to a dispute, and to remedy a wrong that has occurred. Includes tort law (negligence), contract law, family law (divorce) and consumer law (sale of goods). Plaintiff (brings the case forward) vs Defendant. Outcome is a remedy (damages or a injunction(restraint)).

define civil law

Civil law regulates disputes between individuals and groups, and seeks to enforce rights where harm has occurred.

sources of law - developing or avoiding earlier precedents

Developing or avoiding earlier precedents-

R.O.D.D.

Reverse- higher courts can reverse the precedent on the same case.

Overrule- a higher court can change the precedent.

Distinguish- facts are different enough to avoid binding.

Disapprove- a court may be forced to follow but can express disagreement which can influence later decisions.

what can courts not do?

create new laws

when can judges make laws?

if there is no existing common law for that situation

Binding precedent

the precedent was set buy a higher court in same hierachy. facts of the precedent case are similar to new case.

persausive precedent

the court that set the precedent is in another state or country OR lower/same court set the precedent

Upper and Lower houses

(magistrates, senate, monarchy)

upper house/senate house

--Represents states and territories

--Reviews and debates laws passed up by the lower house

lower house/house of representatives

--Represents electorates

--Introduces and debates new bills (laws)

--Government is formed by the party that has the majority

monarchy/governer general

--Represents the King in Australia

--Approves laws after being passed through both houses

--Performs ceremonial and constitutional duties

Principles of justice

F-Fairness, Impartial treatment to all, innocent until proven guilty

A-Access, Available access to legal resources and information

E-Equality, equally treating citizens, sometimes to treat people equally you need to give people different treatment

differences between laws and rules

LAWS are official regulations made by the government that everyone must follow, with serious consequences if broken (e.g., fines or jail).

RULES are guidelines set by specific groups or organizations (like schools or sports teams) that apply only to their members, with less severe penalties.

The courts (differences and what they deal with, hierarchy) - high court of australia

The highest court, handling constitutional matters and appeals from the Supreme Court. Its decisions are final.

court of appeal

Reviews decisions from the County and Supreme Court to check for legal errors. It does not hold new trials.

supreme court

Hears the most serious criminal cases, like murder, and large civil disputes. It also reviews some lower court decisions.

county court

Deals with serious criminal cases (except the most serious like murder) and civil cases with unlimited claims. It has jury trials for criminal cases.

magistrates court

Handles minor criminal cases, traffic offenses, and civil disputes under $100,000. It does not have jury trials.

relationship between courts and parliment

Complimentary Relationship-

--Statutory relationship - interpretation from precedents

--Codification of Common Law - confirming common law precedents

--Abrogation of Common Law - parliament can override laws

--Ability of Courts to Influence Parliament - judges can influence parliaments to change laws

why does the court hierachy exist?

Court cases typically start from the bottom and make their way up, the court hierarchy exists because it allows for specialisation and expertise, it allows for appeals, it allows for the doctrine of precedent (lower courts can be guided by higher courts) and it allows for administrative convenience.

statute law

laws made by parliament

common law

judge-made laws during cases

stare decisis

common law is created by judges

ratio Decidendi

a legal decision

obiter dictum

a judges opinion, expression or remark that has no legal effect

statutory interpretation

acts of parliament are written in general terms to cover a wide variety of situations. it is left up to the courts to decide which incidents fit under the act.

appeal

someone who is not happy with the outcome of their case can appeal it to a higher court

precedent

a previous court decision that guides how judges decide similar cases. Precedents are used to promote consistency in legal rulings.

doctrine of precedent

the decisions made in higher courts across common cases become binding on lower courts

administrative convenience

distribution of cases according to their seriousness

codified

a law that is formally written into statue by parliament

abrogated

when a law is terminated, leaving it with no legal effect

sanction

fine or imprisonment

burden of proof

responsibility of proving a case

standard of proof

level of certainty needed to prove a case. Criminal, beyond reasonable doubt. Civil, more likely than not