Legal UNIT 1

define sanction

a penalty ( fine or prison sentence) imposed by a court on a person guilty of a criminal offence

define act of parliment

a law made my parliment ; a bill that has passed throigh parliment and has recived a royal assent aka a statue

define non legal laws

rules made by an individuals or groups in society that are not enforceable by the courts

define parliament

• formals assembly of representatives of the people

• elected by the people

• gather together to make laws

• includes people from the government

define government

• ruling authority with the power to govern

• reformed by the political parties that holds the majority of the lower house

• members of the parliament who belong to this political party form the government

what can each parliment change laws to

federal - defence and immigration

state/territory - education and health

both - marriage and taxation

what is the rule of law

• everyone is bound by and must adhere to laws

• the laws should be such that people are willing and able to abide by them

what makes laws effective

laws must be acceptable, known, stable, enfrocable relfect socitys values and be clear and understood.

what does laws must be acceptable mean

• society must be in agrrence to the law

• if not it could lead to widespread of resistance

what does laws must be know mean

• to adhear to the law these laws must be kown to society

what does laws must be stable mean

• avoids confusion and uncertainty and becomes part of culture

what does laws must be enforceable mean

• laws that are difficult to enforce become more commonly broken

define social cohesion

the willingness of society memebrs to cooperate with eachother to survive and rposper

what are the areas of social cohesion

1. belonging

2. worth

3. social justice and equity

4. political participation

5. acceptance or rejection

what is the role of the law in achieving social cohesion ?

• provide guidlines on acceptable behaviour

• aloow individuals to make choices on how they live

• establish individual rights

what is the role of individuals in achieving social cohesion ?

• know the law and obey them

• respect human rights

• assist police with investigations and reporting crime

what is the role of the legal system in achieving social cohesion ?

• update the laws

• apply and enforce the laws

• apply consequences when people break the law

outline the victorian parliament

• high court of Australia

• supreme court of Victoria ( court appeal )

• supreme court of Victoria ( trial division )

• county court of Victoria

• magistrates court of Victoria

what are the two sources of law

1. Statue law - laws made by parliament also called legislations or acts of parliament

Three principles of justice

fairness, equality and access

describe the fairness principle of justice

• about ensuring processes are impartial and just treatment or behaviour without favouritism or discrimination

• fair legal processes are in place

• all parties recieve a fair hearing

describe the equality principle of justice

• the state of being equal especially in status rights or opportunities

• when inconsistancy or disadvantage occurs measures should be taken to treat people differently to achieve equality

• all people should be treated equally before the court

• an equal opportunity to present their case

describe the access principle of justice

• the ability to sue and participate in the system

• legal system should make is possible for people to sue the procedures methods and institutes to help them resolve a civicl dispute or criminal case

• understanding of the legal rights

• ability to peruse their case

define criminal law

protects the community by setting maximum sanctions for people who commit crimes, a crime is an act or omission that is against an exisitng law harmful to both the individual and to society.

define civil law

applies to disputes between two members of the community ( can be individuals or an organization/groups) where it is claimed that rights have been infringed.

who does the criminal law involve

• a person found guilty of a crime receives a sanction

• criminal cases involve the state ( or crown or prosecution ) which brings the actions against the accused ( person charged with an offence )

who does a civil law involve

• civli disputes do not involve the police

• the parties involved plaintiff - the party who makes the claim and the defendant- the party who has allegedly infringed the rights of the plaintiff

• the aim provide a remedy that returns the plaintiff to the position they were before their rights where infringed

what are the two differences between a civil and criminal law

criminal law - protects society, sanction offenders

civil law - regulate the conduct, remedy the wrong

what does laws must reflect soicety’s values mean

• if a law is more acceptable by society values it is more likely to be followed

• when values in society change so should the law

what does laws must be clear and understood mean

• laws must be written in a way that clear and understandable by people

• laws will be ineffective if that are to ambiguous too complicated or people don’t understand its purpose

define statute interpretation

the process where judges give meaning to words and phrases of a statute law.

why is statue law necessary give an example

• necessary because judges could interpret the laws differently

3 main features od the relationship between the parliment and the courts

• codification of common law

• abrogation of common law

• ability of courts to influence parliment

define codification of common law

• parliament confirms a precedent by enacting the legal principles into the legislation

• this may happen when the parliament agrees with the common law

• and example includes many sexual and self defence have been codified in the crimes of act 1958

define the feature abrogation of common law

• parliament can change or overide ( abrogate) common law

• this happens when parliament disagrees with common law

• an example of this is changing laws that harmed community and changing them to protect community

define the feature ability of courts to influence parliment

• courts can highlight the need fro parliament to change the law

• this may happen when courts are reluctant to change the law or we they believe parliament is in a better position to make changes.

• an example of this is if the law is outdated and should be updated to be more effective os the courts turn to the parliament to change the law.

two reasons for victorian court hierachy

specialisation and expertise

satisfy the right to appeal

administrative convenience

satisfy the doctrine of precedent

explain specialisation and expertise

• different courts specilise in different types of cases and develope expertise in dealing with such cases

explain satisfy the right to appeal

• enables parties to apeal with a higher court if not satisfied with lower courts decisions

• if a person belives an erroe had been made in lower court can appeal the case to higher court.

explain administrative convenience

• courts have different jurisdictions to hear different matters this allows smaller minor cases to be heared in lower courts and more complex large cases to be heared in the higher courts

explain satisfy the doctrine of precedent

• the process of law making through the courts depends on the decision being made in a higher court that is binding to lower courts this enable individuals and lawyers to predict the outcome of the case

outline the structure of the Victorian parliament

consists of - governor of vic, the legislative assembly and the legislative council

the role of vic parliament is to pass laws for the good government of Victoria in its areas of law making powers.

what is the Victorian court hierarchy

high court

supreme court apeal

supreme court trial

county court

magistrates

stages of a bill through parliament

introduction and first reading

second reading

committee stage/ consideration in detail

third reading

the bill passes the first house

same procedure in the second house ( from intro )

the bill passes the second house

royal asset- governor genera; approves

proclamation

the act becomes law