Legal Studies Unit 1 AOS Legal Terms Flashcards
Social Cohesion
a term used to describe the willingness of
members of a society to cooperate with each
other in order to survive and prosper
Fairness
Fairness
This principle requires that legal processes, systems, and institutions act in ways that are reasonable and unbiased. It also requires that parties are entitled to impartial pre-trial and trial processes (i.e., a fair hearing).
Equality
Equality
This principle requires that all people are treated equally before the law, regardless of personal factors such as age, race, gender, sexuality, or disability. This principle also demands that all people be given an equal opportunity to present their respective cases.
Access
Access in the context of justice refers to the ability of individuals to understand and exercise their legal rights, as well as to obtain assistance and resources needed to participate in the legal system. This includes having access to legal representation, interpreters, court services, and legal information, regardless of financial, language, or geographic barriers. Access ensures that everyone, regardless of their circumstances, can engage with the legal system effectively and fairly.
Parliment
a formal assembly of representatives of
the people that is elected by the people and
gathers to make laws
statute law
law made by parliament; also known
as Acts of Parliament or legislation (as
opposed to common law)
common law
law made by judges through decisions made
in cases; also known as case law or judge-
made law (as opposed to statute law)
civil law
An area of law that defines the rights and
responsibilities of individuals, groups and
organisations in society and regulates
private disputes
criminal law
an area of law that defines behaviours and
conduct that are prohibited (i.e. crimes) and outlines sanctions (i.e. penalties) for people
who commit them
crime
an act (i.e. undertaking an action) or omission
(i.e. failing to undertake an action) that is
against an existing law, harmful both to an
individual and to society, and punishable by
law (by the state)
precedent
a principle established in a legal case
that should be followed by courts in later
cases where the material facts are similar.
Precedents can either be binding or
persuasive
ration decidendi
a Latin term meaning ‘the reason’; the legal
reasoning behind a judge’s decision. Ratio
decidendi forms the binding part of a precedent
stare decisis
legal rule
Legal rules are laws created by official law-making bodies, such as parliaments or courts, and are enforceable by the state. They apply to everyone within a society and are backed by legal consequences if breached. For example, theft is prohibited under criminal law, and those who steal can face fines or imprisonment. In summary, legal rules are binding and apply to all members of society,
non-legal rule
Non-legal rules are rules established by private groups or organizations, such as schools, workplaces, or clubs, and are not enforceable by the state. They govern behavior within specific contexts and carry consequences only within those settings, such as suspension from a club for breaking its code of while non-legal rules are limited to specific groups and lack legal enforceability.
