Legal
3.2 THE PRINCIPLE OF JUSTICE
three principles:
• fairness - means that ‘all people can participate in the justice system, and its processes should be unbiased and open’.
fairness does not just apply to a final trial or hearing
• equality - means that ‘all people engaging with the justice system and its processes should be treated in the same way.
• access - means that ‘all people should be able to engage with the justice system and
its processes on an informed basis’.
The Role of Individuals: It is the role of all individuals to learn, familiarize and properly follow the law.
The Role Of The Legal System: The legal system creates and enforces laws.
Impartial Process: They should not show bias towards or against any party, and the case must be decided based on facts and law, and not on what a person thinks about a party in a case.
Participation:
-the person who is defending a case must have the opportunity to know the facts that are raised against them.
-the person defending the case must have the time and facilities to prepare a defence
-people should be able to engage and use an interpreter if they are not able to understand or
communicate in English
Statute Law
Statute law refers to all laws made by parliament otherwise known as Acts of Parliament. Laws go through a parliamentary process (bills to lower house to upper and finally royal assent to become a legislation). Both the state and Federal government create statute laws. A bill to prohibit the nazi symbol was proposed, this went through the legislation process and successfully became a law in Victoria 2022.
Common Law
Common Law refers to all laws made by judges in court when deciding cases in court. Common laws are created via statutory interpretation. Meaning that through the process of courts interpreting and applying phrases in legislation to specific cases and creating precedents common laws are created. Which is to be followed by the courts. Courts may use statutory interpretation as the meaning of words and phrases is state law changed overtime.
Characteristics of an Effective Law
In order to have an effective law it must be enforceable, easy to understand and known, and must reflect society’s views.
Reflect society’s Views - For a law to be effective it must reflect society’s views so that members of the community are inclined to follow them. For example a law prohibiting murder would be effective as it helps protect individuals lives, helps create safety and promotes social cohesions. Which overall reflects the views of the society.
Easy to understand and clear- For a law to be effective it must be easy to understand so that individuals are able to know, memorise and apply the law but it also must be clear and concise so that the law cannot be taken out of context and misused. For example a law preventing destruction of another's property is easy to remember, understand and clear.
Enforceable- For a law to be effective it must be enforceable by the police department and justly dealt by the court to punish or rehabilitate offenders. For example a law that prohibits individuals from swearing at home would not be effective as it would be too hard to track and enforce by the police.
3.7 CRIMINAL AND CIVIL LAW
Criminal Law- an area of law that defines behaviours and conduct that are prohibited (i.e. crimes) and outlines sanctions(i.e. penalties)for people who commit them.
Civil law- an area of law that defines the rights and responsibilities of individuals, groups and organisations in society and regulates private disputes.
Sanction- a penalty (e.g. a fine or prison sentence) imposed by a court on a person guilty of a criminal offence.
Prosecution- the party that institutes criminal proceedings against an accused on behalf of the state. The prosecution team includes the prosecutor.
Accused- a person charged with a criminal offence but who has not been found
guilty or pleaded guilty.
Plaintiff- (in a civil case) a party who makes a legal claim against another party (i.e. the defendant) in court.
Defendant- (in a civil case) a party who is alleged to have breached a civil law and who is being sued by a plaintiff.
3.1 SOCIAL COHESION
Social Cohesion- a term used to describe the willingness of members of a society to cooperate with each other in order to survive and prosper.
Rule Of Law- the principle that everyone in society is bound by law and must obey the law, and that laws should be fair and clear, so people are willing and able to obey them.
3.5 COURT HIERARCHY
court hierarchy- the ranking of courts from lowest to highest according to the seriousness and complexity of the matters they deal with. The high courts review decisions made by the lower courts.
Reasons for a court hierarchy
Appeals- Allows the party to lodge an appeal with a higher court if they are not satisfied with a lower court’s decision. This means that a person who believes that an error has been made in a lower court can appeal the case to a higher court for the higher court to review the decision.
Specialisation- Each court is equipped with different skills and resources to deal with specific cases to provide the most fair and accurate resolution or sanctions to the different types of cases.
Doctrine Precedent- Precedent refers to a standard that all courts must follow when dealing with cases that are similar
Administrative Convenience- dividing cases into Magistrates' Court for smaller cases, County Court for complex cases, and Supreme Court for the most complex cases, ensuring efficient and convenient hearings.
Relationship between parliament and the court
The main role of parliament both federal and state is to create laws (statutes) that represent the views of society. This is done by the propositions of bills in the lower house by the government.