Section 1: The Basics & The Need for Law (3.1 - 3.4)

Social Cohesion: The willingness of members of a society to cooperate in order to survive
and prosper; laws maintain this by setting boundaries.

The Rule of Law: The principle that everyone—citizens and the government—is bound by
the law and must obey it.

Public Law: Laws that govern the relationship between individuals and the state (e.g.,
Criminal Law).

Private Law: Laws that govern disputes between individuals (e.g., Civil Law).

Protection of Rights: The role of law in ensuring individuals are treated fairly and not
exploited.
Section 2: Characteristics of an Effective Law (3.5)

Known: The public must be aware of the law for it to be followed.

Acceptable: The law must align with the moral and social values of the community.

Stable: Laws shouldn't change constantly, so people can remain certain of their obligations.

Enforceable: It must be possible for authorities to catch and punish those who break the
law.

Reflects Society’s Values: Laws must evolve as community standards change (e.g.,
environmental laws).
Section 3: Law-Making Bodies (3.2 - 3.3)

Statute Law: Law made by Parliament (also called Legislation or Acts).

Common Law: Law made by judges through decisions in court cases.

Bicameral: A parliament with two houses. In Victoria: Legislative Assembly (Lower) and
Legislative Council (Upper).

The Crown: The monarch’s representative (Governor/Governor-General) who signs bills into
law.

Bill: A proposed law being debated in Parliament.

Royal Assent: The formal signing of a Bill by the Crown's representative.

Statutory Interpretation: When a judge gives meaning to the words in an Act of Parliament
to apply it to a case.
Section 4: The Court Hierarchy & Precedent (3.6)

Court Hierarchy: The ranking of courts from lowest to highest (e.g., Magistrates' → County
→ Supreme → High Court).

Doctrine of Precedent: The process where judges follow the reasons for decisions given by
higher courts in similar cases.

Binding Precedent: A decision from a higher court that must be followed by lower courts in
the same hierarchy.

Persuasive Precedent: A decision that a court may follow but is not required to (e.g., from
another state).

Ratio Decidendi: The legal "reason for the decision" (the binding part).

Obiter Dictum: Comments made "by the way" by a judge (persuasive, not binding).

Distinguishing: Avoiding a precedent because the facts of the new case are significantly
different.

Overruling: When a higher court in a different case changes a previous precedent.

Reversing: When a higher court changes the decision of a lower court on appeal in the same
case.
Section 5: Parliament & Court Relationships

Codification: When Parliament passes a statute to formalize a common law principle.

Abrogation: When Parliament passes a statute to cancel or override a court's common law
decision.
Section 6: Criminal vs. Civil Law (3.7)

Criminal Law: Law aimed at protecting society and punishing offenders.

Civil Law: Law aimed at protecting individual rights and restoring the victim to their original
position.

Prosecution: The party bringing the case in criminal law (the State).

Plaintiff: The party bringing the case in civil law (the Victim).

Accused/Defendant: The person defending themselves against the charges or claims.

Burden of Proof: The responsibility of a party to prove the facts of the case (on the
Prosecution or Plaintiff).

Standard of Proof: The level of evidence required.

o
Criminal: Beyond reasonable doubt.
o
Civil: Balance of probabilities.
Sanction: A penalty in a criminal case (e.g., prison).

Remedy: A method of rectifying a wrong in a civil case (e.g., damages/money).