VCE Legal Studies 2025 Unit 1 AOS 1: 'Legal Foundations'

What are the characteristics of an Effective Law?

It must be known, it must be enforceable, it must be stable, and it must reflect society’s values.

What is Common Law?

Common Law is created when judges make a decision that becomes a precedent in future cases.

What are other terms for Common Law?

Case Law or Judge-Made Law.

What is Legislation?

Laws created by the Parliament.

What are the Tiers of Government?

Federal, State and Territory, and Local Government.

What are the Principles of Justice?

Fairness, Equality and Access.

What are the three parts of the Commonwealth Parliament?

The House of Representatives (Lower House), the Senate (Upper House) and the Crown, represented by the Governor-General.

What are the three parts of the Victorian Parliament?

The Legislative Assembly (Lower House), the Legislative Council (Upper House) and the Governor (Crown/King’s Representative)

From highest to lowest, what is the Victorian Court Hierarchy?

High Court of Australia (Federal), The Supreme Court of Victoria (Court of Appeal), The Supreme Court of Victoria (Trial Division), The County Court of Victoria, and The Magistrates Court of Victoria.

In which two situations can courts makes laws?

Through Statutory Interpretation and through The Doctrine of Precedent.

What are the reasons for the Victorian Court Hierarchy?

To allow for the Doctrine of Precedent and ‘ratio decendendi’ to operate, as well as specialisation and administrative convenience, and appeals.

What are the two types of precedent?

Binding Precedent and Persuasive Precedent, which occurs when a precedent is set by a lower court, a foreign court, or the same court.

How might someone avoid a precedent?

By distinguishing between that case and the relevant one, by overruling a precedent in a higher court, by reversing a previous precedent when the same case is appealed, or disapproving a precedent and having a higher court decide to overrule it.

What is Criminal Law?

The body of law that protects the community by establishing crimes and sanctions. It is used to punish behaviour that is harmful to society. A crime is an action or omission that is against the law, such as murder or theft.

Who are the parties in a criminal law case?

The prosecution, representing the state or crown, and the accused, who, if found guilty, becomes the offender.

What is Civil Law?

Is the area of law that resolves a legal dispute between individuals and/or organisations in which one party (plaintiff) sues another (defendant) to receive compensation for an infringement of their rights.

Who are the parties in a civil dispute?

The plaintiff, who initiates the claim, and the defendant.

What are some examples of civil law?

Tort law (negligence, trespass etc.), industrial and workplace laws (OHS, work contracts), consumer law (advertising, sale of goods), property law (wills, real estate).

What are the types of remedies provided in civil law?

Damages (money) or injunction (an action).

What is the principle of fairness?

‘All people can participate in the justice system, and its processes should be impartial and open.’ Participate, impartial, open. No bias for or against, to make the legal system as effective as possible.

What is the principle of equality?

‘All people engaging with the justice system and its processes should be treated in the same way.’ But measures must be taken to make sure no one is at a disadvantage.

What is the principle of access?

‘All people should be able to engage with the justice system and its processes on an informed basis.’

What is the role of laws within the justice system?

Laws create guidelines for acceptable behaviour, and they apply to everyone within a society.

What is the role of individuals within the justice system?

To abide by laws to ensure that society can function in an organised manner.

What is the role of the legal system in creating social cohesion?

To make and enforce the laws that guide society.

What is the role of the House of Representatives?

The House of Reps represents by portion of population. It can introduce and pass bills, and review bills passed by the Senate.

What is the role of the Senate?

The Senate ensures equal state representation. It can introduce and pass bills, and review bills passed by the House of Reps.

What is the role of the Legislative Assembly?

88 members elected for 88 electoral districts in Victoria. Holds seat for 4 years. It forms government with the political party in majority. The leader of this party becomes the state premier. The members represent the interests of their electoral district. They introduce and pass bills, and review any bills passed by the Legislative Council.

What is the role of the Legislative Council?

40 members elected for 4 years from 8 regions. They review bills passed by the Legislative Assembly, and introduce and pass bills.

What is the role of Courts?

To provide a means of resolving disputes and enforcing the law peacefully. It is also the role of courts to make common law.

What is a law created by parliament called?

Statue Law, Acts of Parliament or legislation.

What are the stages of a bill through parliament?

Introduction and first reading, Second reading, committee stage, third reading, the bill passes the first house, same procedure second house, the bill passes the second house, Royal assent (Governor-General of Governor), Proclamation, the Act become law.

What is Statutory Interpretation?

When a judge has to clarify interpret the words of a statute written by parliament. This interpretation then forms part of the law per the Doctrine of Precedent.

What is Precedent?

When a court decides a case that is a first of its kind, it establishes a legal precedent that then forms part of the law, and must be followed by all lower courts in similar cases.

What are the four main features of the relationship between parliament and courts?

Statutory interpretation, codification of common law, abrogation of common law, and courts influencing parliament.

What is abrogation of common law?

When parliament changes and override common law through an Act of Parliament.

What are some examples of sanctions in a criminal law case?

Fines, imprisonment,

What are the possible verdicts for a criminal law case?

Guilty or not guilty.

What are the possible verdicts for a civil law case?

Liable or not liable.