LEGAL

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

Means having fair processes and fair hearings

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

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

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

used to determine whether justice has been achieved

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

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

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

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

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.

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

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

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

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 

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

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

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

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.

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

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

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

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

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

determines the relative weight to be accorded to the different cases. 

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