1. Basic legal terminology Flashcards
What is a custom?
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)
What is a rule?
A rule is an expectation or guideline which only applies to a group of people and does not affect those outside of it.
What is a law?
A recorded expectation imposed on all members of society, including penalties for those who do not properly meet expectations.
What are values?
An ideology or belief that one holds as true and tries to live by.
What are ethics?
The way in which one behaves as a result of their ethics.
What are the three main rules of just laws?
- Fair.
- Not applicable to past offences.
- Known to the public.
What are the natures of justice?
- Equality
- Fairness
- Access
What is equality?
The same treatment applied to a general population.
How effective is equality in a just legal system?
Although idealistic, equality does not work in practice as there must be exemption and exception, even in dire circumstances.
What is fairness (natures of justice)?
The differing treatment of people under one primary principle.
How effective is fairness in a just legal system?
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.
What is access?
The entitlement to a fair court trial.
What is procedural fairness (natural justice)?
A body of precedents used to ensure a fair decision when in court.
What is the rule of law?
The principle that nobody is above the law.
What is anarchy?
The lack of moral restraint within an area as a result of little or no law enforcement.
What is tyranny?
When an entire state or nation is controlled by a single person.
What is public law?
Law which dictates the relationship between civilians and the state
What is an actus reus?
A term used to describe the actions of a criminal’s offence.
What is an omission?
An omission is a failure on behalf of an individual.
What is a mens rea?
A law term which states that an individuals must have guilty conscious in order to actually commit a crime such as murder.
What is constitutional law?
A high court dispute regarding the matters of the constitution and the ability at which organisations can make decisions.
What is administrative law?
Law regarding loopholes and abuse of power that is invested within government services and officials.
What is an accessory? (in a criminal offence)
An accessory is an item or individual that has been utilised in a crime.
What is a principle? (in a criminal offence)
An innocent individual who has bore witness to the offence of a criminal.
What is Terra Nullius?
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.
What is native title?
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.
