Characteristics of an Effective Law
What does a law need to reflect to be considered effective?
Society's values
What is the name of the laws made by Parliament?
Statute Law (or Acts of Parliament).
What is the main role of the courts?
Resolve legal disputes and interpret laws.
What is the function of the Magistrates' Court?
Handles minor (Summary) offences and civil disputes.
How can Parliament override common law?
By passing new legislation.
Why must laws be enforceable?
If they cannot be enforced, people won’t follow them.
What type of parliamentary system does Australia have?
A Bi-Cameral system (Two houses)
What is common law?
Judge made law created through court decisions?
Define:
Ratio Decidendi
Stare Decisis
Ratio Decidendi - 'the reason' the legal reasoning behind a judges decision.
Stare Decisis - 'let the decision stand' or to stand by what has been decided.
What does abrogation of common law mean?
To abolish or cancel a precedent established through common law, by passing new legislation.
How does the government ensure people are aware of new laws?
Advertising Campaigns, Media, Public announcements
What is the role of the Senate in federal law-making?
It reviews and debates bills passed by the House of Representatives.
Why do we have a court hierarchy?
Specialisation and Expertise, Appeals, Administrative Convenience, and Doctrine of Precedent.
How is a precedent considered 'binding'?
The facts of the precedent are similar to the material facts of the new case.
The precedent was set in a higher court that is in the same court hierarchy.
What does codification of common law mean?
Parliament can pass/turn common law into statue law.
Why must laws be stable yet adaptable?
Too many changes can be confusing, but they must also evolve as society's values change.
What is one area of law-making power for the Victorian Parliament?
Health, education, roads, criminal law, or transport.
What type of cases does the Supreme Court hear?
Indictable offences and complex civil cases.
What is the Doctrine of Precedent? Why is it important?
A legal principle requiring courts to follow previous decisions. This ensures consistency, predictability, and fairness in the law.
How can courts influence Parliament?
Judges' comments can highlight that there are areas needing legal reform.
What are the Principles of Justice? Explain what each one entails.
Fairness – Legal processes, procedures, and hearings must be fair and unbiased.
Equality – Everyone should be treated the same under the law, regardless of factors like race, gender, or wealth.
Access – All people should have the ability to understand and use the legal system.
What is the function of the Governor-General?
They represent the King and give royal assent to bills.
The process where judges interpret the meanings of words in a statute or law, to apply to a case heard in a court to resolve a matter.
What is the Latin term meaning 'by the way'? How does it relate to Persuasive Precedent?
Obiter dictum (Latin for "by the way") refers to a judge's comment in a case that is not part of the final decision.
Since obiter dicta are not legally binding, other courts don’t have to follow them. However, they can still be a persuasive precedent, meaning judges may consider them when making decisions in future cases.
What can happen when courts/judges interpret laws differently than intended?
Parliament can clarify the law by creating or amending legislation.