1. Basic legal terminology

Question 1

What is a custom?

Answer 1

A non-recorded expectation or general practice. Customs are generally not considered to be rules or laws, but can become law if considered to be of value (Customary laws)

Question 2

What is a rule?

Answer 2

A rule is an expectation or guideline which only applies to a group of people and does not affect those outside of it.

Question 3

What is a law?

Answer 3

A recorded expectation imposed on all members of society, including penalties for those who do not properly meet expectations.

Question 4

What are values?

Answer 4

An ideology or belief that one holds as true and tries to live by.

Question 5

What are ethics?

Answer 5

The way in which one behaves as a result of their ethics.

Question 6

What are the three main rules of just laws?

Answer 6

1. Fair.
2. Not applicable to past offences.
3. Known to the public.

Question 7

What are the natures of justice?

Answer 7

1. Equality
2. Fairness
3. Access

Question 8

What is equality?

Answer 8

The same treatment applied to a general population.

Question 9

How effective is equality in a just legal system?

Answer 9

Although idealistic, equality does not work in practice as there must be exemption and exception, even in dire circumstances.

Question 10

What is fairness (natures of justice)?

Answer 10

The differing treatment of people under one primary principle.

Question 11

How effective is fairness in a just legal system?

Answer 11

Fairness, although more balanced than equality is still not enough for a just legal system. A fair legal system may allow criminals to escape proper conviction or punishment altogether.

Question 12

What is access?

Answer 12

The entitlement to a fair court trial.

Question 13

What is procedural fairness (natural justice)?

Answer 13

A body of precedents used to ensure a fair decision when in court.

Question 14

What is the rule of law?

Answer 14

The principle that nobody is above the law.

Question 15

What is anarchy?

Answer 15

The lack of moral restraint within an area as a result of little or no law enforcement.

Question 16

What is tyranny?

Answer 16

When an entire state or nation is controlled by a single person.

Question 17

What is public law?

Answer 17

Law which dictates the relationship between civilians and the state

Question 18

What is an actus reus?

Answer 18

A term used to describe the actions of a criminal’s offence.

Question 19

What is an omission?

Answer 19

An omission is a failure on behalf of an individual.

Question 20

What is a mens rea?

Answer 20

A law term which states that an individuals must have guilty conscious in order to actually commit a crime such as murder.

Question 21

What is constitutional law?

Answer 21

A high court dispute regarding the matters of the constitution and the ability at which organisations can make decisions.

Question 22

What is administrative law?

Answer 22

Law regarding loopholes and abuse of power that is invested within government services and officials.

Question 23

What is an accessory? (in a criminal offence)

Answer 23

An accessory is an item or individual that has been utilised in a crime.

Question 24

What is a principle? (in a criminal offence)

Answer 24

An innocent individual who has bore witness to the offence of a criminal.

Question 25

What is Terra Nullius?

Answer 25

A Latin term used to describe the nature of land belonging to nobody and how it’s ownership can be leased and compromised if there is little evidence of usage.

Question 26

What is native title?

Answer 26

An right exclusive to indigenous Australians which states that if an individual has maintained a piece of land on a consistent basis, then they are invulnerable to their land being taken by the government.