Podcast
Questions and Answers
Which of the following best describes the principle of the rule of law?
Which of the following best describes the principle of the rule of law?
- Laws are suggestions that individuals can choose to follow or ignore.
- The Prime Minister is exempt from following laws.
- Laws must be followed by everyone, including those who make them. (correct)
- Laws should only apply to ordinary citizens, not government officials.
A cohesive society is one where the rights of individuals are not important.
A cohesive society is one where the rights of individuals are not important.
False (B)
What are two functions of a legal system that contribute to social cohesion and protection of individual rights?
What are two functions of a legal system that contribute to social cohesion and protection of individual rights?
Making laws and enforcing laws
Which statement accurately describes a binding precedent?
Which statement accurately describes a binding precedent?
The Commonwealth Parliament in Australia has a ______ structure consisting of the House of Representatives and the Senate.
The Commonwealth Parliament in Australia has a ______ structure consisting of the House of Representatives and the Senate.
A persuasive precedent is one that a lower court must follow, regardless of the circumstances.
A persuasive precedent is one that a lower court must follow, regardless of the circumstances.
What is statutory interpretation, and how does it relate to the creation of precedents?
What is statutory interpretation, and how does it relate to the creation of precedents?
Match the following terms with their correct definition or description:
Match the following terms with their correct definition or description:
How can courts influence changes in the law by parliament?
How can courts influence changes in the law by parliament?
When a court expresses dissatisfaction with an existing precedent but is still obligated to follow it, this is known as ______.
When a court expresses dissatisfaction with an existing precedent but is still obligated to follow it, this is known as ______.
The court hierarchy prevents specialisation among courts, ensuring all courts handle a wide variety of cases.
The court hierarchy prevents specialisation among courts, ensuring all courts handle a wide variety of cases.
Briefly explain the concept of distinguishing a precedent.
Briefly explain the concept of distinguishing a precedent.
Which of the following best describes the concept of 'fairness' within the legal system?
Which of the following best describes the concept of 'fairness' within the legal system?
Which of the following terms is associated with criminal law?
Which of the following terms is associated with criminal law?
In a civil case, the person who initiates the lawsuit is known as the ______.
In a civil case, the person who initiates the lawsuit is known as the ______.
Flashcards
Rule of Law
Rule of Law
Everyone, including individuals, groups, and the government, must follow the laws, which should be laws that people are willing and able to follow.
Cohesive Society
Cohesive Society
A society where members cooperate to protect individual rights.
Legal System's Role
Legal System's Role
Creating methods and institutions that make and enforce laws.
Individual Responsibility
Individual Responsibility
Signup and view all the flashcards
Civic Duty
Civic Duty
Signup and view all the flashcards
Bi-cameral Parliament
Bi-cameral Parliament
Signup and view all the flashcards
Binding Precedent
Binding Precedent
Signup and view all the flashcards
Persuasive Precedent
Persuasive Precedent
Signup and view all the flashcards
Statutory Interpretation
Statutory Interpretation
Signup and view all the flashcards
Codification of Common Law
Codification of Common Law
Signup and view all the flashcards
Abrogation of Common Law
Abrogation of Common Law
Signup and view all the flashcards
Reversing
Reversing
Signup and view all the flashcards
Overruling
Overruling
Signup and view all the flashcards
Disapproving
Disapproving
Signup and view all the flashcards
Distinguishing
Distinguishing
Signup and view all the flashcards
Study Notes
-
Rule of law dictates that everyone, including individuals, groups, and the government, must adhere to laws that are willingly followed, even by those who create them.
-
Social cohesion benefits a society and is achieved when the legal system establishes institutions that create and enforce laws to resolve disputes and safeguard individual rights.
-
Individuals are responsible for knowing and following the laws, respecting human rights to avoid societal chaos.
-
The Commonwealth Parliament is bi-cameral, consisting of the House of Representatives, the Senate, and the King's representative, the Governor-General.
Binding Precedent
- A binding precedent must be followed by lower courts within the same court hierarchy if the case facts are similar and the precedent was set by a higher court.
Persuasive Precedent
- A persuasive precedent is not obligatory but can be followed, such as when it originates from a court in another state or country, or a lower or same-level court.
Statutory Interpretation
- Courts interpret statutes, and these interpretations establish precedents.
Codification of Common Law
- This consolidates all laws on a specific topic into a single statute.
Abrogation of Common Law
- Abrogation of common law occurs when Parliament cancels or abolishes a court-made law by passing a new Act, asserting its supremacy in law-making.
Courts' Influence on Parliament
- Courts can influence legal changes through comments during cases, signaling the need for amendments, or deferring to Parliament's capacity to review and modify laws.
Methods of Avoiding Precedent
-
Reversing happens when a higher court alters a precedent from a lower court in the same case on appeal, creating a new, overriding precedent.
-
Overruling occurs when a higher court changes a precedent from a lower court in a different, later case, establishing a new precedent that overrules the former.
-
Disapproving involves a court expressing dissatisfaction with a precedent but still being obligated to follow it.
-
Distinguishing allows a lower court to avoid following a precedent if the case facts differ.
-
A court hierarchy enables parties dissatisfied with a lower court's decision to appeal to a higher court for review.
-
Specialization within the court hierarchy fosters expertise as courts handle specific types of cases.
-
Fairness in the legal system ensures impartial treatment for all parties, with opportunities to understand processes, present a defense, and challenge the prosecution's case.
-
Equality mandates that everyone is treated equally before the law, regardless of personal characteristics, with an equal chance to present their case.
-
Access to the criminal justice system means that all individuals can comprehend their legal rights and pursue their cases, by accessing relevant institutions for assistance.
Criminal Terms
- Prosecution
- Sanction (Punishment)
- Beyond reasonable doubt
- Murder
- Fraud
- Theft
- Manslaughter
Civil Terms
- Sue
- Damages
- Compensation
- Remedy
- Plaintiff
- Balance of probabilities
- Negligence
- Defamation
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
