AOS1

• Statutory interpretation

  Statutory interpretation is how courts understand and apply laws passed by legislatures to make decisions in cases they hear.
• Common Law 


  Common law is based on the precedent or previous decisions made by the courts and judges.
• POJ (Fairness) 


  All people can participate in the justice system, and its processes should be impartial and open.
• (POJ) Equality


  All people engaging with the justice system and its processes should be treated in the same way. If the same treatment creates disparity or disadvantage, adequate measures should be implemented to allow everyone to engage with the justice system without disparity or disadvantage.
• (POJ) Access


  People have an understanding of their legal rights and ability to persue their case.
• Characteristics of an effective law

  1: Reflects society's values

  2: Enforceable

  3: Known

  4: Clear and understood

  5: Stable
• Civil law


  Governs disputes between individuals or entities, often involving matters like contracts, property rights, and personal injury. Aimed at resolving conflicts and compensating the harmed party.
• Criminal Law

  Deals with offenses against society, such as murder, theft, and assault. Focuses on punishing wrongdoing and protecting public safety through penalties like imprisonment or fines.
• Social cohesion

  The willingness for members of society to come together and cooperate in order to survive and prosper.
• Criminal law


  A breach of a criminal law is referred to as a crime. A crime is where a person commits an act or an omission (fails to act) that harms society.
• Civil law 


  A breach of a civil law is referred to as a wrong. A wrong is where a person commits an act or an omission (fails to act) that infringes upon the rights of an individual.
• Binding Precedent 


  The legal reasoning for a decision of a higher court that has to be followed by lower courts in the future.
• Persuasive precedent


  When the courts follow the decisions of another court in a different hierarchy, for example the Victorian courts can take some of the decisions of the NSW courts.
• Ratio decidendi


  The main reason behind a court's decision in a case. It's the important part of the decision that sets a precedent for future similar cases.
• Burden of proof


  The responsibility one party has to provide evidence to support their claim or defence in a legal proceeding.
• Obiter dictum 


  Statements made 'by the way', which do not form the binding part of a decision but may be used as persuasive precedent in the future.
• Doctrine precedent (stare decisis)


  Lower courts must follow the decisions of higher courts in similar cases.
• Partial=bias and unfair

  Impartial= unbiased and fair
• Beyond reasonable doubt 


  Being certain of someone's guilt in a criminal case to a very high degree, with no reasonable doubt remaining about their guilt.
• Balance of probabilities 


  Refers to the standard of proof used in civil cases, where the court decides which side's version of events is more likely true than not true.
• Appellate jurisdiction is the power of a higher court to hear and decide cases that have been appealed from a lower court.
• Administrative convenience 


  Minor cases can be heard and decided quicker and less expensive in the lower courts
• Summary offences are less serious and are dealt with by a magistrates court.
• Indictable offences 


  A serious criminal offense that is heard in a higher court and can result in harsher penalties, such as imprisonment.
• Court hierarchy

  1. High court
  2. Supreme court (court of appeal)
  3. Supreme court (trial division)
  4. County court
  5. Magistrates' court
• Original jurisdiction 


  The court's power to hear a case "at first instance" - That is, when a case has never been heard in any other court before.
• Appellate jurisdiction 


  The power of a court to hear and decide cases that have been appealed from a lower court.
• Crime is an act or omission which offends against an existing law, is harmful to an individual or society as a whole and is punished by law