Revision lecture
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REVISION LECTURE. AREA OF STUDY 1 – LAW IN SOCIETY. A Similarity between a legal rule and a non-legal rule is: A. Both are enforced through the courts B. Both apply to all individuals and groups in society C. Both are made by a law-making body D. Both have a consequence if broken. REVIEW.

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REVISION LECTURE

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Revision lecture

REVISION LECTURE

AREA OF STUDY 1 – LAW IN SOCIETY


Review

  • A Similarity between a legal rule and a non-legal rule is:

  • A. Both are enforced through the courts

  • B. Both apply to all individuals and groups in society

  • C. Both are made by a law-making body

  • D. Both have a consequence if broken

REVIEW


Main sources of law

  • WHAT ARE THE 4 MAIN SOURCES OF LAW? P. 26

  • Parliament (Acts, Statutes, Legislation)

  • Delegated authorities/bodies

  • Courts (case law, common law, judge-made law)

  • Traditional/Indigenous laws and customs

MAIN SOURCES OF LAW


Structure of parliament

  • WHAT ARE THE HOUSES OF THE COMMONWEALTH PARLIAMENT CALLED? P. 29-30

  • WHAT ARE THE HOUSES OF THE VICTORIAN PARLIAMENT CALLED? P. 31

  • WHAT ARE THE STEPS IN THE LEGISLATIVE PROCESS? P. 36-37

  • Initiation and first reading in the Lower House

  • Second reading

  • Consideration in detail/Committee of the Whole

  • Third reading

  • Repeated in the Upper House

  • If passed, goes to the Governor or Governor General for Royal Assent

  • Becomes law

STRUCTURE OF PARLIAMENT


Role key functions of parliament

ROLE & KEY FUNCTIONS OF PARLIAMENT

  • The most important role is to make laws. P. 32

  • Parliament also:

    • Manages finances (taxes)

    • Monitors delegated legislation

    • Discusses and debates issues

    • Investigates issues related to government


Delegated law making parliamentary law making

  • Parliament has the power to make, change and cancel laws.

  • What are the advantages of Parliamentary law-making? What are the disadvantages? P. 50

  • Parliament may give some of its law-making powers to a subordinate body.

  • Delegated legislation can be made by statutory authorities, government departments, the Executive Council and local municipal councils.

  • What are the advantages of delegated law-making? What are the disadvantages? P. 45

DELEGATED LAW-MAKING & PARLIAMENTARY LAW-MAKING


Statutory interpretation

  • HOW DO COURTS DECIDE WHAT A LAW MEANS? P. 49

  • Interpretation Acts (Purpose/Object of the Act, Hansard, minutes, reports, inquiries, law reform bodies, dictionaries and recognised legal texts)

  • Legal maxims (e.g. ejusdem generis)

  • Precedents (legal principles from previous similar cases decided by the higher courts)

STATUTORY INTERPRETATION


Effectiveness of laws

  • WHAT ARE THE CRITERIA FOR EVALUATING THE EFFECTIVENESS OF A LAW? P. 11

  • Known

  • Understood

  • Accepted

  • Stable

  • Consistent

  • Enforced

  • Accessible

EFFECTIVENESS OF LAWS


Define use key legal terms

  • BILL is a draft law

  • STATUTORY INTERPRETATION is the process by which courts decide what a law means and how to apply it in a particular situation

  • PRECEDENT is a legal principle developed by higher courts which are then generally followed by lower courts in similar cases

  • LEGISLATIVE PROCESS describes the steps involved in turning a bill into a piece of legislation (through Parliament)

  • DELEGATED LEGISLATION is a law made by a body (not Parliament) which Parliament has given some of its law-making power to

  • STATUTES, ACTS, LEGISLATION = laws

DEFINE & USE KEY LEGAL TERMS


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