Legal Studies Notes Essay

Law- A set of rules imposed on all members of the community which are officially recognised, binding and enforceable by persons or organisations such as the police and/or courts.

Values- Principles, standards or qualities considered worthwhile or desirable within a society.

Rules- Regulations or principles governing procedure or controlling conduct.

Customs- Collective habits or traditions that have developed in a society over a long period of time.

Customary Law- Principles and procedures that have developed according to the customs of a people or nation, or groups of nations, and are treated as obligatory.

Nation State- A politically independent country.

Ethics- (1) Rules or standards governing the conduct of a person or the members of a profession; (2) a major branch of philosophy which investigates the nature of values and of right and wrong conduct.

Justice- The legal principle of upholding generally accepted rights and enforcing responsibilities ensuring that equal outcomes are achieved for those involved.

Legal System- The system of courts, prosecutors and police in a country.

Equality-The state or quality of being equal that is, having the same rights or status.

Fairness- Free from bias, dishonesty or injustice; a concept commonly related to everyday activities.

Doli Incapax- A Latin term meaning ‘incapable of wrong’; the presumption that a child under 10 years of age cannot be held legally responsible for his or her actions and cannot be guilty of a criminal or civil offence.

Access- The right or opportunity to make use of something.

Procedural Fairness/Natural Justice- The body of principles used to ensure the fairness and justice of the decision-making procedures of courts; in Australia in generally refers to the right to present your case, the right to freedom from bias by decision-makers, and the right to a decision based on logically relevant evidence.

Rule of Law- The principle that no one is above the law; the most important application of the rule of law is that governmental authority is exercised in accordance with written, publicly disclosed laws that are adopted and enforced in accordance with established procedural steps (due process).

Explain the Relationship between Customs, Laws and Rules- Whenever people live together in groups, rules have been developed and enforced to control a community, these rules are based on traditions and customs, and failure to abide results in punishment. In order to ensure they are enforced someone is appointed to take charge of the community; overtime these rules become formal and turn into laws.

Law is Dynamic- It is complex mechanism evolving from hundreds of years of tradition, culture and values.

Characteristics of Just Laws- * Fair and impartial * Fair outcomes * Equal access * Human rights recognised and respected * A just law tries to encompass the above.

Sanction- A penalty imposed on those who break the law, usually in the form of a fine or punishment.

Anarchy- The absence of laws and government.

Tyranny- Rule by a single leader holding absolute power in a nation-state.

Common Law- Law made by courts; historically, law common to England.

Precedent- A judgement that is authority for a legal principle, and that serves to provide guidance for deciding cases that have similar facts.

Doctrine of Judicial Precedent- A later court must follow all previous decisions where all the facts of the cases are similar.

Court Hierarchy- 1. High Court 2. Supreme Court of Appeal 3. Supreme Court 4. District Court 5. Local Court

Statute Law- Law made by parliament.

Delegated Legislation- Legislation made by non-parliamentary bodies, such as local councils. * Regulations * By-Laws * Ordinances * Rules

Constitution- Created in 1901 by the Commonwealth. Set of rules set out on how a country is governed and how laws are made. * Section 51:

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