Chapter 1: Basic Legal Concepts

Question 1

Anarchy

Answer 1

g

Question 2

Customary Law

Answer 2

g

Question 3

Customs

Answer 3

Established patterns of behaviour among people in a society or group. Vary depending on culture, religion and history.

Eg. Australia –> handshake greeting. France –> kiss on the cheek.

Question 4

Equality

Answer 4

The sate or quality of being equal; having the same rights as someone else

Question 5

Fairness

Answer 5

Free from bias, dishonesty or injustice

Question 6

Justice

Answer 6

the legal principle of upholding accepted rights and enforcing responsibilities, ensuring equal outcomes are achieved for those involved.

Question 7

Law

Answer 7

Formal rules for a society that have been agreed upon by the ‘group’ and govern their behaviour and activities.

Question 8

Legal System

Answer 8

The system of courts, prosecutors and police in a country

Question 9

Procedural Fairness/Natural Justice

Answer 9

the body of principles to ensure the fairness and justice of decision making.

Rights include:
1. the right to be head - included the right to a fair hearing

Question 10

Rules

Answer 10

prescribed directions for conduct in certain situations, generally affecting only those withing those groups. Vary between groups and are not enforceable by states.

Some form of punishment if broken.

Question 11

Tyranny

Answer 11

g

Question 12

Ethics + Values

Answer 12

Principles, standards or qualities considered morally right and/or desirable within a society.

Question 13

3 areas in which customary law has influenced the Australian legal system:

Answer 13

1. aboriginal and Torres strait islander customary law
2. English customary law
3. International customary law

Question 14

Differences between RULES and LAWS

Answer 14

Consequences.

RULES are a set of instructions to help people live and work together.
LAW is a set of legal rules designed to help keep order, protect property, and keep people safe.

Question 15

Law Reform

Answer 15

A change in the law. Laws are a reflection of societies ethics and values and so as they change so do the laws that govern them.

Laws change slowly (always moving) values change quickly.

Question 16

What are the 6 rules of law?

Answer 16

FINISH PAGE 6

1. All binding - laws apply to all members of society
2. Enforceable - penalties must be applied if a law is broken
3. Published and known - governments are courts recognise laws and enforce them
4. In line with societies values even if governments resist

, general (applied equally)l and equal
Must be in line with societal values (law reform - continually reviewed)
Must be an independent judiciary (courts must be independent of government)
Law must conform to procedural fairness
Public must favour the application of rule of law (people have to want law)

Question 17

Doli Incapax

Answer 17

Latin term meaning, “incapable of wrong” a presumption that children under the age of 10 cannot be held legally responsible for criminal offences.

Question 18

The nature of Justice

Answer 18

The system of courts, prosecutors and police in a country often called the legal system.

Their job to ensure that everyone has equal access to the law and are provided with ACCESS, EQUALITY, FAIRNESS and JUSTICE

eg. historically aboriginals have had limited ACCESS to the legal system