Chapter 1: Basic Legal Concepts Flashcards
Anarchy
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Customary Law
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Customs
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.
Equality
The sate or quality of being equal; having the same rights as someone else
Fairness
Free from bias, dishonesty or injustice
Justice
the legal principle of upholding accepted rights and enforcing responsibilities, ensuring equal outcomes are achieved for those involved.
Law
Formal rules for a society that have been agreed upon by the ‘group’ and govern their behaviour and activities.
Legal System
The system of courts, prosecutors and police in a country
Procedural Fairness/Natural Justice
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
Rules
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.
Tyranny
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Ethics + Values
Principles, standards or qualities considered morally right and/or desirable within a society.
3 areas in which customary law has influenced the Australian legal system:
- aboriginal and Torres strait islander customary law
- English customary law
- International customary law
Differences between RULES and LAWS
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.
Law Reform
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.
What are the 6 rules of law?
FINISH PAGE 6
- All binding - laws apply to all members of society
- Enforceable - penalties must be applied if a law is broken
- Published and known - governments are courts recognise laws and enforce them
- 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)
Doli Incapax
Latin term meaning, “incapable of wrong” a presumption that children under the age of 10 cannot be held legally responsible for criminal offences.
The nature of Justice
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
