legal u1 aos1

non legal rules

rules made privately by individuals or groups in society
not enforceable
only apply to certain people

legal rules

created by law making bodies (eg. parliament)
enforceable by courts
generally apply to all members of society

social cohesion

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

rule of law

principle that the law applies to everyone in society and that laws should be fair and clear to people are able and willing to obey them

role of individuals in achieving social cohesion

obeying the law
knowing the law
acting in a moral and respectful way
reporting crime and working with the legal system

role of laws in achieving social cohesion

establish a framework for how people live
promote community safety
protect individual rights
set boundaries for behaviour

role of legal system in achieving social cohesion

enforce the laws (police)
make laws (parliament)
interpret and apply laws (courts)

fairness

all people can participate in the justice system, and its processes should be impartial and open

what is impartial processes

non biased
eg. case heard by impartial third party (judge)

what is open processes

court is open to public and media
this ensures courts are functioning properly

equality

all people engaging with the justice system and its processes should be treated in the same way unless the same treatment created disparity of disadvantage, in which case measures should be implemented to allow the disadvantage to be alleviated

examples of equality

interpreter
offering breaks during trials
specialist courts

access

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

access examples

legal aid providing free advice or representation
victim support options
knowledge of right

characteristics of an effective law

reflect society values
enforceable
known
clear and understood
stable

reflecting society's values

law must be inline with the principles and ethics of majority
should be updated as values change
greater inclination to follow the law

enforceable

must be possible to monitor whether people follow the law
provide consequences for those who do not follow

be known

public must know the law to follow it
law makes have a responsibility to communicate changes to the law and give time to become familiar

clear and understood

law should be easy to follow
written in a way that is not complex or ambiguous

stable

law should not change so frequently that it is hard to keep up with
continuous changes makes it difficult to be known

parliament structure

house of representative
senate
governor general/kings rep

government

political party with the majority of seats held in the lower house of parliament as elected by the people

coalition

when political parties join forces to form government
eg. liberal and nationals

structure of lower house

151 members
151 electorates
3 years in office
election every 3 years
voted by people in each electorate

role of lower house

peoples house
represent people
introduce and pass bills that reflect people
introduce money bills
form government

structure of upper house

76 senators
12 each state
2 each territory
state senators elected every 6 years
territory senators every 3 years

role of upper house

represent interests of states/territories of aus
introduce and pass bills
debate review and scrutinise bills from lower house
cannot introduce money bills

structure of legislative council

upper house
40 members
5 each region of vic
4 years each
similar to senate

structure of legislative assembly

lower house
88 members
house of government
4 years each
similar to house of reps

role of legislative assembly

form government
represent people from electorates
introduce and pass bills
review bills from upper house

role of legislative council

represent state regions
scrutinise debate and review bills passed by lower house
form committees to look into law reform
no money bills

vic court heirarchy

high court of australia
supreme court (court of appeal)
supreme court (trial division)
county court
magistrates court

role of courts

provide a means for resolving disputes and enforcing law peacefully
specialist courts designed to resolve specific matters
make law

relationship of parliament and courts in law making

complimentary relationship

1. statutory interpretation
2. codification of common law
3. abrogation of common law
4. ability to courts to influence parliament

statutory interpretation

courts need to interpret laws made by parliament
provide meaning to the words and phrases of law

codification of common law

parliament is supreme law maker and therefore can confirm a precedent made by courts

abrogation of common law

parliament can reject a precedent made by courts by passing act of parliament that cancels the common law principle
cannot be done on high court interpretation/ constitutional matters

ability of courts to influence parliament

courts can influence changes in the laws through comments judges make during court cases
courts may choose/cannot change the law on a matter but may add pressure on parliament to do so

statute law

laws made by parliament
parliament is the 'supreme' law making body and can override laws made by other bodies
all bills must be passed by both houses and granted royal assent

common law

creation of law through courts is a secondary role
made by judges
two ways for court to make law

doctrine of precedent

courts follow decisions made in earlier cases to ensure consistency and fairness in the law
ensures predictability, fairness, consistency

binding precedent

lower courts are bound to follow precedents made by higher courts of same jurisdiction

persuasive precedent

higher courts or courts in a different jurisdiction can be influenced to follow precent, but are not required to do so

reasons for victorian court hierarchy

system of appeals
administrative convenience
specialisation
doctrine of precedent

system of appeal

if a party is dissatisfied with the outcome of their case they can seek review from a higher court
mistakes can be corrected by a superior court

reasons for appeal

dissatisfied with the facts presented, conviction (guilty or innocent), sanction, remedy

administrative convenience

minor cases which are less complex and time consuming can be heard in lower courts
complex, technical and time consuming cases can be heard in higher courts
reduces backlog, ensures efficiency

specialisation

courts and their personnel have developed an expertise in their jurisdiction
can apply their skills to the cases they deal with

why are there specialised courts

improve efficiency and effectiveness
ensures cases are handled by judges with adequate knowledge
fairer outcomes for vulnerable people

what is the name of vic upper house

legislative council

what is the name of vic lower house

legislative assembly

what is the name commonwealth upper house

senate

what is the name of commonwealth lower house

house of representative

private members bill

a bill that is introduced by a MP who is not a government minister