Chapter 1: Basic Legal Concepts Flashcards
The law is…
- dynamic
- complex
- attempts to adapt to society
- ensures impartial treatment and outline punishments
What are customs?
Established patterns of behaviour in a society/group that, overtime and if followed, may become the law.
What is customary law?
Established patterns/behaviour accepted in a group/society and are considered important so they are enforced.
Sometimes it isn’t written or may only be documented eventually.
What are 3 main examples of customary law in the Australian Legal System?
- Aboriginal and Torres Strait Islander Customary Law
- English Customary Law
- International Customary Law
What is a rule?
Prescribed directions for conduct in certain situations that are not enforceable by the state and vary between groups. They are the basis of laws.
What are 3 characteristics that make rules different from law?
- They apply to all members of society
- They are officially recognised.
- Can be enforced and penalties apply.
What are rules and laws based on?
Traditions, customs and values.
What are 2 examples of groups that have tried to influence the law and legal system with with ethics and values?
Mardi Gras in Sydney: a protest celebrating gay marriage.
Mardi Grass (Northern NSW): protesting for change of laws in cultivation and use of weed
What is justice?
The fair and impartial treatment of everyone by democratic society that promotes human rights.
Who are the people involved in the legal system?
- Judges
- Police
- Legal practitioners
- Prosecutors
What is equality?
Everyone is treated the same and their are no unfair disadvantages/advantages.
What is fairness associated with?
Justice
What is access?
Citizens must be aware of laws that affect them and understand the rights and responsibilities under them.
What is procedural fairness?
Fairness in the dispute resolution process and linked with natural justice.
What are two main rights of natural justice?
- The right to a fair hearing
2. The right to decision by an unbiased judge
