Legal Studies Flashcards
The Legal System - Basic Legal Concepts
A set of rules imposed on all members of a community, which are officially recognised, binding and enforcable by persons or organisations such as the police and or courts.
Law
Principles, standards, or qualities considered worthwhile or desirable within a society.
Values
Regulations or principles governing procedure or controlling conduct.
Rules
Collective habits or traditions that have developed in a society over time.
Customs
Principles and procedures that have developed according to the customs of a people or nation, or groups of nations.
And what are the three types?
Customary Law
- Aboriginal and Torres Strait Islander customary law.
- English customary law.
- International customary law.
A politically independant country.
State
How are LAWS different from rules?
Laws:
To be obeyed by all citizens of a society,
Made by a law-making body,
Enforced through the courts,
A breach results in a prescribed sanction imposed by the courts.
How are RULES different from laws?
Rules:
To be obeyed by specific individuals or groups,
Made by individuals or groups,
Enforced by leaders of a group,
Consequences of a breach at the disrection of the leader of the group.
What factors affect our perception of the law?
Socio-economic
Cultural
Ethnic
Experiences with the law
Level of wealth
Age
Rules or standards directing the behavior of a person or the members of a profession.
Ethics
The legal principle of upholding generally accepted rights and enforcing responsibilities, ensuring equal outcomes are achieved.
Justice
Everyone recieves fair treatment and outcomes, and ensure that human rights are recognised and respected. (provides the access to redress)
Just Law
The system of courts, prosecutors and police within a country.
Legal System
The state or quality of being equal; that is, of having the same rights or status.
Equality
Freedom from bias, dishonety or injustice; a concept commonly related to everyday activities.
Freedom
