Legal Foundations and Principles of Justice Review Flashcards

Comprehensive vocabulary and case study flashcards covering Victorian legal foundations, criminal and civil law, the relationship between parliament and courts, and principles of justice based on class notes.

Social Cohesion

The willingness of members of a society to cooperate with each other to survive and prosper, resulting in a harmonious society where individuals feel they belong and are free from discrimination.

Rule of Law

A central principle where everyone is bound by the law and must obey it, regardless of their position; laws must be fair and clear.

The Role of the Legal System

A set of methods and institutions like courts, tribunals, and police that make, implement, and enforce laws to provide peaceful dispute resolution.

Fairness

Impartial treatment without favoritism, requiring processes to be fair, such as parties knowing case facts and having the opportunity to present their side; protected by the Charter of Human Rights and Responsibilities Act $2006$ (Vic).

Equality

The principle that all people should be equal before the law and have an equal opportunity to present their case, requiring unbiased decision-makers.

The "Vulnerable Party" Rule

A rule that allows the law to treat people differently to achieve equality for certain individuals.

Access

The ability to approach or make use of the legal system, including Institutional Access (reaching the courts) and Information Access (legal advice and education).

Statute Law

Laws made by Parliament, also referred to as Legislation or Acts.

Common Law

Law made by judges through decisions in cases.

Stare Decisis

A Latin term meaning "standing by what has been decided," which is the basis for the doctrine of precedent to ensure consistency.

Ratio Decidendi

The legal reasoning behind a judge's decision, which constitutes the binding part of a precedent.

Obiter Dictum

Comments made "by the way" in a judgement that are persuasive but not binding.

Binding Precedent

Reasoning from a higher court in the same hierarchy that must be followed if the material facts of a case are similar.

Persuasive Precedent

A decision that may influence a judge but does not have to be followed, such as one from a lower court or a different state.

Distinguishing

The process where a court identifies that the facts of a current case are different enough from a past case to justify a different decision.

Overruling

When a higher court in a different case decides that a past precedent no longer applies.

Reversing

When a higher court changes the decision of the same case on appeal.

Disapproving

When a court expresses disagreement with a precedent even if it is bound to follow it.

Donoghue v Stevenson [$1932$]

A landmark case that established the "Neighbor Principle," meaning manufacturers owe a Duty of Care to consumers to provide safe products.

Neighbor Principle

The principle that manufacturers owe a duty of care to consumers, established in Donoghue v Stevenson [$1932$].

Deing v Tarola [$1993$]

A case involving statutory interpretation where the court ruled a black leather belt with silver studs was clothing and not a "regulated weapon."

Statutory Interpretation

The process where a judge gives meaning to specific words or phrases in an Act of Parliament so it can be applied to a specific case.

Lansell House v Commissioner of Taxation [$2011$]

A case where the court interpreted whether a "mini ciabatta" was GST-free bread or a taxable cracker based on its nature and ingredients.

State Govt. Insurance Commission (SA) v Trigwell [$1979$]

A case where the High Court followed old common law regarding straying livestock but suggested Parliament change it, leading to the Wrongs (Animals Straying on Highways) Act $1984$ (Vic).

Crime

An act or omission against an existing law that is harmful to society and punishable by the state.

Actus Reus

The physical element of a crime, translated as the "guilty act."

Mens Rea

The mental element of a crime, translated as the "guilty mind" or intention.

Strict Liability

Offences that do not require proof of mens rea; the prosecution only needs to prove the actus reus, such as speeding or drink driving.

Presumption of Innocence

The guarantee that an accused person is treated as not guilty until the prosecution proves the charge.

Standard of Proof (Criminal)

Beyond Reasonable Doubt, the highest standard where the doubt must be sensible and not fanciful.

Doli Incapax

The legal presumption that children aged $10$ to $13$ are incapable of forming mens rea or are "incapable of evil."

RP v The Queen [$2016$]

A High Court case where an $11$-year-old was acquitted because the prosecution failed to prove he knew his actions were "seriously wrong."

Malice Aforethought

The intention to kill or cause serious injury, required as an element for a murder conviction.

R v Dhakal [$2018$]

A case where a chef was found guilty of murder after fatally stabbing a customer; the jury rejected the self-defence claim because the victim was unarmed.

Standard of Proof (Civil)

Balance of Probabilities, which requires the plaintiff to prove their version of facts is "more likely than not" correct.

Negligence

A civil law concept requiring the elements of a Duty of Care, a Breach, Causation, and resulting Injury, Loss, or Damage.

Contributory Negligence

A defence to negligence where the plaintiff is found to have helped cause their own harm.

Volenti non fit injuria

A defence to negligence meaning "assumption of risk," where the plaintiff voluntarily accepted an obvious risk.

Roman Catholic Church Trustees v Hadba [$2005$]

A case where a school was not held liable for a student falling from a flying fox because reasonable supervision and enforced rules were provided.

DPP v Djokovic [$2019$]

A criminal case where the court also issued a civil-style Compensation Order of $\$732$ for ambulance costs and stolen cash.

Express Rights

Rights explicitly written in the Constitution, such as section $116$ (Freedom of Religion), which can only be changed via referendum.

Implied Rights

Rights not stated in the Constitution but inferred by the High Court, such as the Freedom of Political Communication.

Abrogation of Common Law

When Parliament uses its supremacy to cancel or abolish a court-made common law.

Codification of Common Law

When Parliament passes a statute that reinforces or collects legal principles established by the courts into a single Act.

Supremacy of Parliament

The principle that Parliament is the supreme law-making body and has the final say over all common law.

Reverse Burden of Proof

A limitation on the presumption of innocence, such as in Counter-Terrorism legislation, where the accused must prove they are not a threat to the community to be released on bail.