Lecture notes
Comprehensive Study Notes with examples and case studies: The Legal System
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Covering All Syllabus Dot Points for The Legal System1!
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STUDENTS LEARN STUDENTS LEARNABOUT TO
(WHAT YOU’RE (GIVES YOU AN IDEA OF ALL LAWS, CASES, MEDIA REPORTS,
WRITING ABOUT) HOW MUCH YOU NEED TO STATISTICS (EVIDENCE)
THEMES: Once you have WRITE – ‘Evaluate’ or KEY POINTS
your key points, write one ‘Assess’ means it can easily This is the thing you will find it most difficult to
sentence in red that be an extended response or Key ideas memorise (more than definitions) and they
shows how the dot-point long short answer question) Key words need to be exactly right or it stands out.
relates to the idea in the Theme
‘theme’ Directive Examples/case names
Sections/Chapters
Case Studies
Any acts/laws
1. Basic legal concepts
● meaning of law ● define law Law: Laws give a framework for society, which ensures society runs
THEME: the need for law smoothly.
in the operation of society 1. Laws are made by a sovereign power
- person or institution with legal authority to make laws
- parliament, courts, local council
2. Laws are punishable by the ‘state’
3. Officially, ‘rule of law’ applies
- No one is above the law
● customs, rules and ● distinguish between Customs: Established patterns of behaviour among people in a society or
law customs, rules, laws, group. Not enforceable by law.
THEME: influences on values and ethics Rules: Clear guidelines that only apply in certain places/situations.
the Australian legal Not enforceable by law.
system Laws: A set of rules imposed on ALL members of a community. Officially
recognised, binding and enforceable.
● values and ethics Values: Moral standards considered desirable in society.
Ethics: Tell people the correct way of behaving in certain situations.
● characteristics of ● describe the - Known
just laws characteristics of just - Widely accepted
THEME: the development laws - Provide stability and predictability
of law as a reflection of - Flexible
society - Enforceable
- Allows for different levels of severity
- Upholds procedural fairness
- Upholds and protects human rights
- Not retrospective
● nature of justice ● describe the nature of Equal Treatment
– equality justice - Everyone should have equal access to the law, and the law
should ;’’[.l.ltreat everyone equally.
, THEME: influences on
the Australian legal
system
– fairness Equal Outcomes
THEME: the - The law is applied impartially, without bias, prejudice, or
development of law discrimination. I.e Nobody should have a greater advantage than
as a reflection of another before the law
society
– access Equal Access
- Ability to access legal information, get justice in reasonable time,
get proper representation and the justice they seek, physical
access to the legal system.
● procedural fairness ● define and investigate Procedural Fairness: Concept of fair treatment, before the law there must Kioa v West (1985)
(principles of procedural fairness and be fairness in the process that resolves disputes. In Australia, two main - Tongan Kioa arrested as an illegal
natural justice) the rule of law principles are: immigrant for overstaying his time,
THEME: the importance 1. the right to be heard and accused under no evidence of
of the rule of law for 2. the right to have a decision made by an unbiased decision maker. running a scam. He was denied a
society chance to explain and give
evidence against scam
allegations. High court overruled,
due to denial of procedural
fairness. Procedural fairness
UPHELD.
Mohamad Haneef (2007)
- Dr Haneef held for 12 days without
knowing what he was accused of
and evidence being used against
him. Procedural fairness was not
upheld and he was deported.
Procedural fairness DENIED.
● rule of law The principle that nobody is above the law and government authorities Payara (2011)
THEME: the importance tasked with carrying out the law and punishments must also abide by it. - Payora smuggled asylum seekers
of the rule of law for - Procedural fairness upheld into Australia, it wasn't illegal for him
society - Laws are publically available to smuggle people to Australia.
- Laws not applied retrospectively Government realised they might
- Separation of powers enforced lose so they passed the Deterring
People Smuggling Act 2011 (Cth)
to make what he did illegal AFTER
he had done it. Rule of Law
DENIED as this was retrospective.
● anarchy ● define anarchy and The absence of laws and government. January 6th insurrection: (Jan 6th 2021)
THEME: the need for law tyranny - Trump lost the election, he
in the operation of organised a big protest and his
society followers stormed the US capitol.
Brief anarchy laws not being
enforced.
Post WW2
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