1
Q
The Rule of Law
A
- The law applies to everyone equally.
- Each member of society and every organisation are subjected to the same laws.
- Those who make the laws are equally obligated to follow those laws.
2
Q
The principles of justice: Fairness
A
- Everyone has the right to a lawful hearing and procedural fairness.
- Hearings and trials should be impartial and without favouritism.
- Fairness does not mean everyone is treated equally.
3
Q
The principles of justice: Fairness examples
A
Right to remain silent, presumption of innocence, impartial judge
4
Q
The principles of justice: Equality
A
- People should be equal before the law with an equal opportunity to present their case.
- People should be treated equally without discrimination
- No person should be at an advantage or disadvantage because of a personal characteristic
5
Q
The principles of justice: Equality examples
A
Legal aid, interpreters, anti-discrimination laws
6
Q
The principles of justice: Access
A
- The legal system or organisations that offer legal information or assistance must be accessible to everyone
- It involves knowing one’s rights.
- All citizens must be able to afford access to the legal system so that they can pursue their case.
- People must be aware of their right to take a dispute to a resolution body, and have access
7
Q
The principles of justice: Access examples
A
The use of tribunal, right of appeal, court hierarchy
8
Q
Legal rules
A
- Made by official bodies and apply to all members of society.
- The consequences of breaking legal rules are enforced by official bodies such as courts.
- Known as laws.
9
Q
Non legal rules
A
- Made by specific individuals in charge of a group of individuals, specific club or association.
- Consequences of breaking non legal rules only apply to the members of that specific group.
10
Q
The need for laws
A
- Without laws there would be no boundaries for what is considered acceptable behavior
- Laws protect society by preventing conflict as they outline how conflict will be resolved, promoting social cohesion.
11
Q
Social cohesion
A
- The willingness of members of society to cooperate with each other in order to survive and prosper.
12
Q
The roles of laws
A
- Laws establish a framework in which people live, set boundaries for behaviour, and allow individuals to make choices about how they live.
- Laws protect the rights of individuals by establishing those rights and outlining what happens if they are infringed.
13
Q
The roles of individuals
A
- Individuals need to be responsible for being aware of laws and that they obey them.
- Individuals are expected to respect human rights and should assist police in investigations, report crime, and use the legal system to resolve disputes.
14
Q
The roles of the legal system
A
- Our legal system is what makes, administers (implements) and enforces laws.
- Our legal system includes courts, tribunals, government and enforcement bodies (police).
15
Q
Characteristics of effective law
A
Known to the public, enforceable, stable, clear and understood and reflect society’s values
16
Q
Characteristics of effective law: Known to the public
A
- Lawmakers need to keep the public informed so individuals know how to follow it.
- Individuals bear the responsibility of knowing the law and ignorance of the law is not an excuse.
- New laws are reported in the media, broadcasted on television etc.
17
Q
Characteristics of effective law: Enforceable
A
- If the law cannot be enforced then people will not follow it.
- If individuals break the law, they must be punished, made to follow the law or made to pay for any damage caused by disobeying the law.
- The law in Australia is enforced by the courts, various governmental bodies and the police.
18
Q
Characteristics of effective law: Stable
A
- If the law changes constantly there would be uncertainty leading to chaos.
- Members of the community need to be confident that the law can be relied upon.
- Law making bodies should try to predict changes to the law that may occur in the future
19
Q
Characteristics of effective law: Clear and understood
A
- People need to understand the law and its intent.
- Any words or terms in legislation that are unclear may need to be interpreted by courts.
- Law makers must create laws that cover all circumstances while being understandable.
20
Q
Characteristics of effective law: Reflect society’s values
A
- Our laws should identify and reinforce the social, moral, economic, religious and political values of the community.
- When making or changing the law, law makers need to ensure that the law reflects the values of a majority of the community
21
Q
Contempt of court laws
A
Insulting a judge, swearing at a judge or court officer or refusing to answer questions
22
Q
Contempt of court laws - ineffective?
A
- Ambiguous
- It is up to each judge to determine whether the behaviour amounts to contempt of court.
- Some judges give warnings whereas other judges do not
- This creates an inconsistency in how the laws are applied
23
Q
Criminal law: Parties involved
A
Prosecution/accused
24
Q
Criminal law: Action initiated by
A
Prosecution (on society’s behalf)
25
Criminal law: Role of jury
For indictable (serious) offences with not guilty pleas, 12 jurors used
26
Criminal law: Aim of action
To protect society/punish the accused
27
Criminal law: Burden of proof (who needs to prove it)
On the prosecution
28
Criminal law: Standard of proof (to what extent does it need to be proven)
Beyond reasonable doubt. A unanimous verdict (12/12) in homicide cases is required. In other cases, a majority of verdict of (11/1) is accepted.
29
Criminal law: Finding
Beyond reasonable doubt. A unanimous verdict (12/12) in homicide cases is required. In other cases, a majority of verdict of (11/1) is accepted.
30
Criminal law: Outcomes
Include imprisonment, fine.
31
Civil law: Parties involved
Plaintiff/defendant
32
Civil law: Action initiated by
Plaintiff (aggrieved party)
33
Civil law: Role of jury
Only where requested by either party, jury of 6 used
Proven or not proven
They decide on the damages
34
Civil law: Aim of action
To redress any loss incurred
35
Civil law: Burden of proof (who needs to prove it)
On the plaintiff
36
Civil law: Standard of proof (to what extent does it need to be proven)
On the balance of probabilities. A majority verdict (⅚) is sufficient where unanimous verdict is not reached.
37
Civil law: Finding
Find for the plaintiff, find for the defendant, or hung jury (the latter is rare)
38
Civil law: Outcomes
Include damages, injunction (court order to stop somebody from doing something)
39
Parliaments in Australia
1 Commonwealth Parliament - Federal Parliament
6 State Parliaments - NSW, VIC, QLD, WA, SA
2 Territory Parliaments - ACT, NT
- Houses of parliament consist of elected members or representatives known as parliamentarians or members of parliament (MPs).
- The role of the parliament is to make the law.
40
Commonwealth Parliament
Also called Parliament of Australia or Federal Parliament
Bicameral Parliament - 2 houses (upper and lower)
The Queen/ The Crown represented by the Governor-General - head
The Senate - upper house
The House of Representatives - lower house
Role is to pass laws for the good environment of Australia in its area of law making powers
41
House of Representatives
- Represent the people, introduce and pass proposed laws (bills), review bills passed by the Senate and form the Australian Government.
- The political party with the majority of members in the lower house forms the government for the whole of Australia.
42
Senate
- Represents the interests of the states and territory of Australia, introduce and pass bills, and review bills passed by the House of Representatives.
- Often called the house of review
43
Victorian Parliament
- The Queen/The Crown represented by the Governor of Victoria - head
- The Legislative Council (upper house)
The Legislative Assembly (lower house)
Pass laws for the good environment of Victoria in its area of law-making powers.
44
Legislative Assembly
- Introduce and pass bills and to form the Victorian Government.
- Consist of members of the political party that has the majority of members in the lower house
- Reviews bills passed by the Legislative Council.
45
Legislative Council
- Introduce and review bills passed by the Legislative Assembly
- Bills passed by the Legislative Assembly can be rejected or amended by the Legislative Council
46
Government and opposition
- Government is the political party that has the majority of seats in the lower house and administers or implements the laws made by the parliament
- The next largest party forms the opposition which challenge the government on policy matters.
- The opposition appoints some of its parliamentarians as shadow ministers.
- Cabinet ministers are senior members of their party chosen by the Prime Minister and premier of Victoria to be responsible for areas of government.
47
The courts
- Resolve the disputes and cases brought before them
- The courts are independent of the parliament
- Upholds the rule of law and ensures fairness in deciding cases.
48
The principles of justice
Fairness, equality, access
Legal
flashcards
Decks in class (9)
# Cards
