• Created by: Dcrilly23
  • Created on: 23-02-23 06:17


The willingness of members of society to cooperate with each other in order to survive and prosper 

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Means having fair processes and fair hearings

Parties in a legal case should have an opportunity to know the facts of the case 

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Means that all people should be able to understand their legal rights and pursue their case 

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People should be equal before the law and have an equal opportunity to present their case as anyone else without advantages or disadvantages 

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The Three Principles of Justice

used to determine whether justice has been achieved

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members of society are more inclined to follow that law if it follows societys current values

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Laws must be enforcable

if people break the law it must be possible to catch and punish or sue them in a civil case.

if this is not possible people will be less likely to follow the law

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people must know about the law or new law or they won't be able to follow it

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laws must be written in a way that means that individuals can understand it, it is clear with its intent. people wont follow a law if they can't understand it

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to be an effective law a law must be stable if the laws were constantly changing no one would be sure what the law was and it may not be as effective as a law that has stayed constant for some time.

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Statute law

statute law- law made by parliament known as legislation/ acts of parliament 

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common law- law made by judges through decisions made in cases, known as case law/judge made law

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Statutory Interpretation

The process by which judges give meaning to the words or phraes in an Act of Parliament so it can be appled to resolve a case before the court

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a principle established in a judgement that is followed by courts in cases with similar issues and material facts they can either be binding or persuasive 

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Codification of common law

parliament can make legislation that confirms or codifies a precedent set by the court 

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Abrogation of common law

parliament is able to override or abrogate precedent by passing legislation that abolishes the common law principle 

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ability of courts to influence parliament

during their judgements courts may influence parliament to change the law by underscoring a need for law reform. 

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Differents between binding and persuasive preceden

A binding precedent must be followed whereas a persuasive precedent does not have to be followed, but is considered by the court in making its decision and may be followed.

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Civil Law

Civil law in australia deals with legal issues between people and/or organisations that affect people in everyday life. Plainiff and Defendant are the parties that are in the case

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Criminal law regulates conduct in society to protect the community and provides sanctions against those who commit crimes

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Victorian Court Hierachy

The court hierachy provides means of resolving disputes and applying the law

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Specialisation allows for more consistensy when determining cases, as judges have expertise in the cases that come before them.

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people have the right to appeal if they are dissatisified with a decision of lower court

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Doctrine of precedent

determines the relative weight to be accorded to the different cases

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Adminstrative convenience

The system of a court hierarchy allows for the distribution of cases according to their level of seriousness

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