UNIT 1

• social cohesion - the ability of a community to live together in peace, order and harmony by recognising all people have rights and repsonsibilities
• rule of law - principle that everyone in society is bound by law and must obey it.
• individuals + social cohesion

  • responsibility of everyone person to obey law
  • use legal system to resolve disputes
• laws + social cohesion

  • set behavioural expectation
  • protects rights of individuals
• legal system + social cohesion

  • make, administer, enforce laws
  • update laws
• fairness - all people can participate in the justice system and its processes should be impartial and open
• fairness

  • right to a fair trial
  • right to understand allegations made against us
• equality - all people engaging with the justice system and its processes should be treated in the same way without disparity
• equality

  • formal - same treatment
  • substantive - differerent treatment
• equality

  • formal - same treatment
  • substantive - differerent treatment
• access - all people should be able to engage with the justice system and its processes on an informed basis
• access

  • informed through legal representation
  • information from courts
  • free dispute resolution bodies
• characteristics of an effective law

  • clear and understood
  • a reflection of societys values
  • known
  • enforceable
  • stable
• enforceable - if broken, must be possible to catch + punish
• reflection with societal values - more inclined to follow rather than disregard
• known - justice system job to keep public informed
• clear and understood - written in an understandable way
• stable - remains constant
• stable - remains constant
• parliament + courts

  • statutory interpretation
  • codification
  • influential
  • abrogation
• statutory interpretation - courts interpret meaning of words in a statute in order to apply thhem to bases

  • interpretations of words in statutes form precent that become part of the law to be followed in future
• codification - parliament passes an Act of paraliment that enforces a principle established by the courts

  • to collect all law on one topic together into a single statute
• abrogation - to abolish a common law

  • court interprets words in a statute in a way that does not reflect current meaning of the Act.
  • by passing an Act of parliament
• influential - courts can influence changes in the laws made by paraliment

  • occurs when courts are reluctant to change the law themslves
  • parliament carries out investigation through comments judges make during court cases
• statute laws

  • made by parliament
  • intro + 1st reading
  • 2nd reading
  • commitee stage
  • 3rd reading
  • pass 1st house
  • same procedure in 2nd house
  • pass 2nd house
  • royal assent - governer general approval
  • proclamation
  • Act becomes law
• common law made by judges in court
• reasons for the court hierarchy

  • administrative convenience
  • specialisation
  • appeals
  • precent
• administrstive convenience - minor cases heard in one court, complex cases heard in another, allows for efficiency in the process
• specialisation - courts can only hear cases within their jurisdiction and therefore judges become specialists in their area
• appeals - allows individuals that are dissatisfied with outcome of their case to have it reviewed by a superior court
• precent - a principle established in a legal case that should be followed by courts in later cases where the material facts are similar
• persuasive precedent - doesnt have to be followed in future cases
• binding precedent - has to be followed by lower courts in future
• criminal law - defines behaviours and conduct that are prohibited and outlines sanctions for offenders
• crim law purposes

  • protect society
  • sanction offenders
• crim law

  • prosecution vs accused
  • guilty/ not guilty
  • burden - prosecution
  • beyond reasonable doubt (99%)
  • sanctions
• civil law - defines the rights and responsubilities of individuals, groups and organisations in society and regulates private disputes
• civil law purposes

  • regulate conduct between parties to a dispute
  • remedy wrongs
• civil law

  • applicant vs defendant
  • liable/not liable
  • burden - applicant
  • on the balance of probabilities
  • remedies
• crim law - protect individuals

  • establishes crimes and processes to deal with people who commit these crimes