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Legal foundations


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Chloe B


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[Front]


Relationship between parliment and the courts: Interpretation of statues by courts
[Back]


Parliment creates statues and courts interpret them

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Legal foundations - Details

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28 questions
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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