Unit 1 - AOS 1 (legal foundations)

• The meaning of statute law


  Interpreting the meaning of statue law in order to apply it to the facts of the case before them (statuary interpretation).
• CAKES


  Clear and understood, A reflection of societies values, Known, Enforceable, Stable
• Similarities in criminal law and civil law


  jury, harm and lose, court injunctions
• The name of the consequence in a civil trial


  remedies
• The name of the consequence in a criminal trial


  sanction
• Standard of proof in a civil case


  Balance of probabilities (51%)
• Standard of proof in a criminal case


  Beyond a reasonable doubt (99%)
• Outcome of a civil trial


  liable or not liable
• Outcome of a criminal trial


  guilty or not guilty
• Parties in civil law


  applicant/plaintiff and defendant/respondent
• Parties in criminal law

  prosecution (represents the state) and accused (represents the individual)
• Civil law meaning/purpose


  regulates disputes between individuals and groups. it seeks to enforce rights
• Criminal law meaning/purpose


  to protect the community by establishing crimes and outlining sanctions for people who commit crimes
• What does ASAP stand for


  Appeals, Specialisation, Administrative connivence, Precedent
• Court Hierarchy in order


  1, high court. 2, court of appeal. 3, supreme court. 4, county court. 5, magistrates court.
• What are the principals of social cohesion?


  laws, individual awareness, legal system
• Social cohesion meaning


  the ability to live in peace and harmony
• Equality meaning


  same treatment for everyone
• Access meaning


  opportunity to engage using resources and knowledge
• Fairness meaning


  just and unbiases treatment
• What are the principles of justice?


  fairness, access and equality
• Statuary interpretation meaning


  when the court interprets the meaning of statue law in order to apply it to a case
• Precedent meaning


  when the court develops a law on a new issue that has never been challenged in the courts
• How to avoid precedent (RODD)


  reversing, overruling, distinguishing, disapproving
• The legislative process (in order)


  1st reading, 2nd reading, committees stage/consideration, 3rd reading, vote to pass the 1st house, same process in the 2nd house, vote to pass 2nd house, royal assent, proclamation, the act becomes a law.
• The meaning of common law


  Developing the law on a new issue that has never been tested/challenged in the courts before (precedent).
• meaning of a defendant/respondent 


  someone who is being sued or accused of committing a crime
• meaning of a applicant/plaintiff


  A plaintiff is the party who initiates a lawsuit in a civil matter
• meaning of accused 


  A person charged with committing a criminal offence or offences
• meaning of prosecution 


  the act or process of holding a trial against a person who is accused of a crime to see if that person is guilty.
• royal assent meaning


  The bill is presented to the Governor of Victoria for royal assent. Once royal assent is received, the bill becomes an Act of Parliament.
• who does the burden of proof lie with in a civil case 


  plaintiff
• who does the burden of proof lie with in a criminal case 


  prosecution