| Relationship between parliment and the courts: Interpretation of statues by courts | Parliment creates statues and courts interpret them |
| Binding precedent | - Decision of a higher court
- Must be followed by lower court of the same jurisdiction |
| Relationship between parliment and the courts: Codification of common law | Parliament makes a law that confirms a precedent set in court by passing an Act of Parliament |
| Relationship between parliment and the courts: Abrogation of common law | To cancel or abolish a court-made law by passing an Act of Parliament |
| Relationship between parliment and the courts: The ability of courts to influenct Parliament | Courts can influence changes in law by parliamnet by making comments in court cases |
| Parliament | - Supreme law-making body
- Consists of all elected members of the upper house (Senate), lower house (House of Reps) and the Queen's representatives |
| Access | Everyone should be able to understand thei rights and pursue their case |
| Equality | - People should have the same opportunity to present their case as anyone else with no advantage or disadvantage |
| Fairness | Fair hearing and fair process |
| Role of the Legal System in achieving social cohesion | - Set of methods and institutions which makes, administers, enforces laws
- Helps settle disputes in a way that avoids further conflict or disruption to society |
| Role of Laws in achieving social cohesion | - Provide guidelines of acceptable behavior
- Set expectations about the way individuals should behave
- Apply to everyone |
| Role of Individuals in achieving social cohesion | Responsibility to ensure they are aware of the laws and abide by them |
| Civil Law | - Regulates disputes between two parties and seeks to enforce rights
- Plaintiff vs defendant
- On the Balance of probabilities |
| Crime | - Act or omission that violates an existing law
- Punishable by the law
- Harmful to an individual or society |
| Sanction | Penalty imposed by the court to a person guilty of a criminal offense |
| Criminal Law | - Protects community by establishing crimes and setting down sanctions
- DPP vs Accused
- Beyond reasonable doubt |
| Reasons for court hierarchy | - Allows for specialisation
- Necessary for D.O.P
- Allows for administrative convinience
- Parties can appeal to a higher court |
| Persuasive Precedent | Comments made by a judge that may be persuasive in a future case |
| Social Cohesion | Willingness of members of a society to cooperate with each other in order to survive and prosper |
| Ratio Descedendi | - Legal reasoning behind judges decision
- Forms binding part of precedent |
| Stare Decisis | - Underlying D.O.P
- Judges stand by their decisions |
| Characteristics of effective laws | - Reflect societies values
- Be enforceable
- Be clear and understood
- Be stable |
| Sources of Law: Common Law | Established through courts based on judges decisions |
| Sources of Law: Statute Law | Enforced by parliament and expressed through legislation |
| Damages | Amount of money the court or tribunal orders one party to pay another |
| Remedy | Order made by a court to address a civil wrong |
| Relationship between Civil and Criminal Law | The same behavior can give rise to a civil dispute and a criminal case |
| Government | Political party or coalition of parties with the majority of seats in the lower house |
