Legal Studies Unit 1 Oat
No description yet. This curated deck is ready for daily study.
Card preview (24)
What are the three principles of justice?
Access, Equality and Fairness
Definition of Access in the principles of Justice
All people should be able to engage with a justice system and its process on an informed basis.
Definition of Fairness in the principles of Justice
All people can participate in the justice system, and it’s processes should be impartial and open.
Definition of Equality in the principles of Justice
All people engaging with the justice system and it’s processes should be treated in the same way.
What are the five characteristics of an effective law?
Law must reflect societies values Laws must be enforceable Laws must be known Laws must be clear and understood Laws must be stable
What is Court Hierarchy?
The ranking of courts from lowest to highest according to the seriousness and complexity of the matters they deal with.
Sanction
A penalty imposed by a court on a person guilty of a criminal offence.
Government
The ruling authority with power to govern parliament.
Governor General
The kings representative at the commonwealth level.
Parliament
A formal assembly of representatives of the people, that gather to make law.
Social Cohesion
The ability of a community to live together in peace, order and harmony by recognizing all people have rights and responsibilities in society.
Role of individuals Role of laws Role of the legal system
What are the four main functions of parliament?
Pass bills Hold committees Represent people of Australia Government is formed
House of Representatives: ____ house ____ members Role:
Parliament: Lower house 150 members Role is to: Form government - Represent the people - Pass, review and propose bills
Royal Assent
The formal signing and approval of a bill by the governor general or the government, after which the bill becomes an act of parliament.
Senate: ____ house ____ members Role:
Parliament: Upper House 76 members Role: - Review, introduce and pass bills - Ensure equal representations of the states
The Legislative Assembly
88 members Lower House
Legislative Council
40 members Upper House
Court Hierarchy
High Court of Australia Supreme Court of Victoria (Court of appeal) Supreme Court of Victoria (Trial Division) County Court Magistrates Court of Victoria
What are the four reasons for a court hierarchy?
Specialization and Expertise Appeals Administrative Convenience Doctrine of Precedent
Doctrine of Precedent
Reason for court hierarchy; Reasons for the decisions of higher courts and binding on courts ranked lower in the same hierarchy in cases where the material facts are similar.
Appeals
A legal challenge in relation to all or part of a criminal or civil decision.
Precedent
A decision made by a judge, which will then be followed by in similar cases in the future.
What are the types of precedent
Persuasive and binding