What is social cohesion?
When all members of a society work together to promote individual and collective wellbeing.
What are some rights of individuals in Victoria?
The right to a fair hearing, the right to freedom of expression, the right to equal treatment and the right to protection from retrospective criminal laws.
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What is social cohesion?
When all members of a society work together to promote individual and collective wellbeing.
What are some rights of individuals in Victoria?
The right to a fair hearing, the right to freedom of expression, the right to equal treatment and the right to protection from retrospective criminal laws.
Where do Victorians receive their individual rights from?
From the Charter of Human Rights and Responsibilities, the Universal Declaration of Human Rights, and the Australian Constitution.
What is the role of individuals in the justice sytem?
To make themselves aware of the law and abide by it, thus supporting social cohesion.
What is the role of laws in the justice system?
To establish a framework of acceptable behaviour, creating the rule of law and maintaining social cohesion. Legislation also outlines how disputes and conflicts are to be resolved.
What is the rule of law?
The principle that states that everyone in society is bound by and must obey laws.
What is the role of the legal system?
To make, administer, interpret and enforce the law.
What is the principle of fairness?
‘All people can participate in the justice system, and its processes should be impartial and open.’ The three main features are impartial processes, open processes (but can be closed on a court order), and participation for the accused, prosecution and victims.
What is the principle of equality?
‘All people engaging with the justice system and its processes should be treated in the same way’, regardless of personal factors, and must be given an equal opportunity to present their cases. Both formal and substantive.
What is the principle of access?
‘All people should be able to engage with the justice system and its processes on an informed basis.’ They must be able to pursue their case without financial or situational barriers, with assistance from appropriate experts and legal institutions.
What are the five elements of an effective law?
It reflects society’s values, it is enforceable, it is known, it is clear and understood, and it is stable.
What is parliament?
The group of elected politicians who create legislation.
What is government?
The political party that holds the majority of members in the lower house.
What are the levels of the Commonwealth Parliament?
The King’s representative (the Governor-General), the Upper House (Senate) and the Lower house (House of Representatives).
What is the role of the Governor-General?
To represent the King, and to give or refuse Royal Assent, formally approving an Act of Parliament. They can also dissolve parliament and force and election, or dismiss a Prime Minister is they lose the support of the House of Representatives.
What are the features and role of the Senate?
The Senate consists of 76 members, 12 from each state and 2 from each territory. Their role is to introduce pass bills, and review bills passed by the House of Reps.
What are the features and role of the House of Representatives?
The political party with the majority of seats in the House of Reps forms government. There are 151 seats, each representing an electoral division of Australia. Their role is to introduce and pass bills, and also to review bills passed by the Senate.
What are the levels of Victorian Parliament?
The King’s Representative (Governor), the Upper House (Legislative Council) and the Lower House (Legislative Assembly).
What is the role of the Governor?
To represent the King in Victoria, and to give or withhold Royal Assent. They also have the power to dissolve Parliament, appoint the Premier and Ministers of the Crown, and proclaim the operative date for Acts.
What is the structure and role of the Legislative Council?
It consists of 40 members representing the 8 regions of Victoria. It primarily acts as a house of review, though it also introduces and passes bills.
What is the structure and role of the Legislative Assembly?
It consists of 88 members representing each of Victoria’s electoral districts. The party with the majority forms the Victorian Government, and the leader of that party is the Victorian Premier. It introduces and passes bills, and reviews bills passed by the Legislative Council.
What is a precendent?
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. Precedents can be binding or persuasive.
What is a binding precedent?
A precedent that must be followed by all lower courts in the same jurisdiction if the material facts of the cases are similar.
What is a persuasive precedent?
A precedent made by a lower or equal court in the same jurisdiction, or any court in another jurisdiction, and is therefore not binding. They may be considered relevant and used as a source of influence.
What is ratio decidendi?
The legal reasoning behind a judge’s decision, and the binding part of a precedent.
What is common law?
Law that is made and developed by courts, created when a judge makes a decision that becomes a precedent for future cases. It is also known as Case Law or Judge-Made Law.
When can courts make law?
When a situation comes before the court for which there is no pre-existing legislation or common law, the judgement made forms a precedent. Judges also establish precedent when interpreting statutes.
What is statute law?
Laws made by parliament, also known as Legislation or Acts of Parliament. Before a law is passed, it is drafted and presented to parliament, where it must pass through both houses with a majority vote and receive royal assent before becoming law.
What are the features of the relationship between parliament and the courts?
Statutory interpretation, codification of common law, abrogation of common law, and courts influencing parliament.
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 the codification of common law?
When parliament makes legislation that codifies a precedent set by the court.
What is the abrogation of common law?
When parliament passes legislation that abolishes the common law principle, because the intention was misinterpreted, the precedent was outdated, or the parliament does not agree with the creation of the precedent.
What is the ability of courts to influence parliament?
When courts underscore a need for law reform during their judgements, because they are bound by an unjust or outdated precedent or feel that parliament is in a better position to change the law.
What are the reasons for the Victorian court hierarchy?
To allow for specialisation, administrative convenience, for appeals, and for the doctrine of precedent.
What is civil law?
The area of law that resolves a legal dispute between individuals and/or organisations in which one party (the plaintiff) sues another (the defendant) to receive compensation for an infringement of their rights. They usually result in remedies, such as damages (money) or injunctions (action). The defendant is found either liable or not liable.
Who are the parties to a civil case?
The plaintiff (bringing the claim to court), and the defendant (the party who the plaintif alleges has infringed their rights).
What is criminal law?
The area of law that define prohibited conduct and outlines sanctions for those who commit them. Its purpose is to protect the community by outlawing inappropriate behaviours.
Who are the parties to a criminal law case?
The prosecution (representing the state or crown) and the accused, who, if found guilty, becomes the offender.
How may a precedent be avoided?
By distinguishing between two cases, by overruling the precedent in a higher court, by reversing a precious precedent when the same case is appealed, or by disapproving a precedent and having a higher court decide to overrule it.