legal U1 AOS1

• stare decisis - to stand by what has been decided
• ratio decidendi - the reasons for the decision, is the part later cases need to follow
• obliter dictum - additional comments, dont need to follow
• a refelction if societys values - if a law reflects society values. then members will be more inclined to follow them. laws need to change when society values change
• clear and understood - the law is clear and understood by the public and the courts so people can understand the law and the intent of the law is clear. if the law is unclear ambiguous, unclear, or written in language or jargon that people don't understand its possible people will not follow it therefore the law will be ineffective.
• known to the public - people must be awere of the law, if they arent they will not follow it. not expected to be awere of all laws. it is the responsibility of each individual to be awere of the laws that effect them as ignorance of the law is no excuse when faced with criminal charges or a civil suit.
• enforceable - there needs to be an enforcement mechanism to ensure compliance with the law. this could include police powers, fines, imprisonment, community service orders etc
• stable - the law must be stable. if the law is constantly changing, no one will be certain what the law is, the law won't be as effective as a consistent law. laws must only be changed when necessary
• whats a court hirerachy - courts are ordered from most superior to least. more serious and complex cases are delt with by higher courts. each court has its own jurisdiction (responsibility) = can only deal with cases that fall within its jurisdiction
• court hierarchy

  1. high court
  2. court of appeal
  3. supreme court
  4. county court
  5. magistrates court
  6. a coroners court
  7. b children's court
• jurisdiction - the power of a court to hear and decide a case, or to decide a case in a particular way. when a court is hearing a trial, it is using original jurisdiction.
• appellate jurisdiction - where a court hears appeals against decisions made at lower levels of the court system. This means they have no original jurisdiction but instead review previous judgements made by other courts.
• appeals - allows individuals dissatisfied with their case's outcome to have it reviewed by a higher court. this provides fairness and allows for mistakes to be corrected.
• specialisation - courts only hear cases in their jurisdiction and therefore become specialists in their areas. they are best equipped to deal with the issues presented. eg the magistrate's court hears minor offences, the supreme court hears serious cases.
• administrative convenience - having minor cases delt with in one court, means they can be settled quickly rather then people waiting behind long and complex cases in the courts. allows for efficiency and/ or convenience with the way cases are heard
• doctrine of precedent - lower courts are bound by desitions made by superior courts. this ensures legal principles are consistently and equally applied to all cases.
• civil law - civil law is an area of law that regulates disputes between individuals/ groups. private and do not involve the police or state (unless the government Is a party). main aim is to correct civil wrongdoing by returning the person whose rights were infringed to their original position. seeks to enforce rights where harm has occurred, e.g. tort law (negligence, defamation, trespass and nuisance) contract law etc.
• criminal law - criminal law deals with offences against society as a whole rather than just one individual. it aims to punish those who break laws and deter others from doing so. crimes are prosecuted on behalf of the crown (state). crime = an act or omission that brakes an existing law, harmful, to an individual or society as a whole and punishable by law e.g. murder, assault
• 1. 1st reading
• 2. 2nd reading
• 3. committe stage
• 4. 3rd reading
• 5. vote to pass first house
• 6. same process for second house
• 7. vote to pass second house
• 8. royal assent by govoner general
• individual awereness
• laws to protect the community
• a legal system