L E G A L

S T U D I E S
Unit 1

Criminal law in action

Main functions of the law 1. Reflect the values and morals of the community (social, moral and economic) 2. Establishes a peaceful and cooperative community 3. Sets acceptable codes of conduct 4. Resolves disputes and punishes people on who infringe on other peoples rights 5. Provides for the changing needs of society Characteristics of an effective law Must be known people in society must have knowledge of the law so that they are less likely to break it Must be easy to understand so that most of the people in the community are able to see what it means Must be acceptable to the community so that they will obey it Must be stable and not constantly changing so that people will be expected to know what the law is Must be consistently applied so that it is fair for every case Must be enforced Must be accessible Non-legal rules Rules that do not apply to the whole society but rather to a group of individuals These rules are established and agreed upon within the group Non-legal rules are generally not enforceable Legal rules Establish codes of behavior by demanding that we behave in a certain way Places restrictions on the behavior of people within the community Prohibits particular types of behavior considered to be dangerous and harmful to other people

Parliament
Sources of Law Parliament Legislation Statute Law Bill of parliament Act of parliament Delegated authorities Delegated legislation Local laws Regulations Courts Common law Case law Precedent Traditional/Indigenous Indigenous/cultural law Native title

Parliamentary Sovereignty (G) Where parliaments have ultimate law-making authority, the parliaments can make, amend or repeal previous legislation as well as override common law. Types of powers Specific powers Commonwealth Parliament makes laws that are specifically mentioned in the constitution, such as foreign trade, taxation and defence. Exclusive powers Specific powers that can only be used by the Commonwealth, such as printing money, immigration and defence. Concurrent powers powers shared between Commonwealth and state parliaments. If concurrent laws are inconsistent, the federal law prevails. Residual powers powers not specifically given to Commonwealth and given to the state, including health and education law. Bicameral system (G)

Victorian Parliament The Commonwealth Parliament of Australia Role of parliament Legislative process Delegated authorities Strengths and limitations of parliament as a lawmaker