AOS1 legal olivia

• Social cohesion:

   the willingness of members of a society to cooperate with each other in order to survive and prosper
• The rule of law:

  The principle that everyone must obey law, the laws should be fair and clear so that people are willing and able to obey them.
• • Fairness:  giving each person what they deserve for an example, opportunity to defend case, using a lawyer, knowing the facts, allowing scrutiny from public, decision not based on fact and independent decision
• • Equality: all people engaging with justice system should be treated the same way, if this treatment creates disadvantages adequate measures should be implemented
  • E.g: interpreters, communication in different ways, assistance for self represented
• • Access: all people should be able to engage with justice system and its process for an example people can stay informed from legal advice, education, and information assistance. People engage by attending court, being able to afford it and no delays.
• Effective laws must:

  .reflect society's values

  .be enforceable

  .be known

  .be clear and understood

  .be stable
• Statute law:

  • Parliament
  • Supreme to all other law
• The legislative process:

  (process to make statute law)

  • A idea for a new law is called 'a bill'
  • Government bill:
  • Private Members bill: no gov support
  • Spending government money can only be introduced in government bill, all other bills can be introduced in either
• Stages of a bill through parliament:

  1. First reading
  2. Second reading
  3. Third reading
  4. Royal assent: governor approves
  5. Proclamation: act comes into operation
  6. Act becomes law
• Interpreting statutes

  Where judges interpret meaning of words in a statute and apply it to a particular case
• Common law:

  Courts/ judges
• Precedent:

  When a court makes a decision in a case it creates a legal principle, a precedent may be followed in similar cases, these precedents then form part of the law.
• Binding precedent: must be followed

  .the material facts of the precedent are similar to material facts of new case

  .the precedent was set in a higher court in the same hierarchy as new case

  .precedent was set in a higher court, in same hierarchy
• Persuasive Precedent: influential

  .court in another state or country established the precedent

  .lower court sets precedent

  .court makes statements in obiter dictum (comment made by judge meaning not necersarry

   
• Relationship between parliment and court

  • The interpretation of statues by courts: when a judge reads and applies statues law/laws made by parliament to a case not yet heard in the court, for an example giving meaning to words or phrases in the statute

   

  • The codification of common law: parliament choosing to confirm a precedent made by courts by passing it as an act of parliament

   

  • The abrogation of common law: to cancel or abolish a court made law, by passing an act of parliament

   

  • The ability of courts to influence parliament: courts can highlight the need for parliament to change the law
• Criminal law:

  To protect community by establishing crimes and outlining sanctions.

  Sanctions:

  • Fines
  • Prison
  • Community service

   
• criminal law Examples:

  .murder

  .penalties

  .guilty/ not guilty

  .prosecution

  .beyond reasonable doubt

  .defence/ accused
• criminal law Terminology:

  .prosecution

  .accused

  .suspect

  .guilty/ not guilty

  .culpability

  .sanction

  .conviction
• Civil law:

  Regulates disputes

  .suing/ lawsuit

  .negligence defamation

  .liable/ not liable

  .judge

  .on the balance of probabilities: 50%
• civil law Damages:

  The payment of a sum of money to plaintiff
• civil law Terminology:

  .plaintiff

  .defendant

  .sue

  .compensation

  .damages

  .civil wrong

  .defamation

  .neglience
• Compensation order:

  A court that is hearing a criminal matter is also able to order an offender to pay compensation the a victim
• Defamation:

  An accused person sues the state/police for defamation is they are cleared of criminal charges
• Appellate jurisdiction:

  The power a court has to review a case that already has been heard in a lower court, *appeal*
• Original jurisdiction:

  Hearing a trial, never been heard before
•   Reasons for court hierarchy:

  .appeals

  .specialisation

  .convenience: priority and efficiency

  .doctrine of precedent: lower courts bound by superior courts
• Hierarchy of court:

  1. High court
  2. Court Appeal
  3. Supreme Court
  4. County Court
  5. Magistrates court, Coroners court, childrens court