The Legal System

Law

The system of rules a country recognizes as regulating its members' actions, enforced through penalties.

Customs

Widely accepted expectations of behavior specific to a place, time, or society.

Rules

Created by a group, affecting only members of that group (e.g., school rules).

Laws

Formal sets of rules governing a group of people.

Values

The importance or benefit attributed to something or someone.

Ethics

Moral principles guiding behavior or conduct.

Just Laws

Laws that are fair, known by all, timely, applied equally, and protect human rights.

Equality

Equal legal opportunities and treatment.

Access

Availability of legal institutions and dispute resolution methods.

Fairness

Impartial treatment under the law.

Procedural Fairness

The right to a fair hearing before decisions that adversely affect an individual.

Rule of Law

The principle that everyone, including the government, must follow the law, ensuring fairness and accountability.

Anarchy

The absence of government, laws, and authority, leading to disorder or chaos.

Tyranny

A government where absolute power is exercised cruelly or oppressively.

Common Law

Law developed through court decisions rather than statutes, based on precedent (stare decisis).

Equity

A legal system focused on fairness, offering remedies like injunctions when common law is too rigid.

Precedent

A principle requiring courts to follow previous decisions in similar cases to ensure consistency.

Adversarial System

A legal system where two opposing parties present their case before a neutral judge, common in common law countries like Australia.

Court Hierarchy

The ranking of courts based on jurisdiction and authority, from local courts to the High Court.

Statute Law

Laws made by Parliament through the legislative process.

Delegated Legislation

Laws made by authorities under powers granted by Parliament, allowing detailed rule-making.

Division of Powers

The separation of law-making responsibilities between federal and state governments.

Separation of Powers

The division of government into legislative (makes laws), executive (enforces laws), and judiciary (interprets laws) to prevent abuse of power.

High Court of Australia

The highest court in Australia, responsible for interpreting the Constitution and resolving disputes between governments.

Customary Laws

Traditional laws of Indigenous Australians based on spiritual beliefs, oral traditions, and community-focused justice.

(Customary Law Integration into Aus law) - Sentencing Considerations

Courts consider customary law in cases like circle sentencing.

(Customary Law Integration into Aus law) - Native Title

Indigenous land rights recognized under the Native Title Act 1993.

(Customary Law Integration into Aus law) - Cultural Practices

Recognition of traditional hunting and fishing rights.

(Customary Law Integration into Aus law) - Challenges

Limited integration due to conflicts with human rights and equality laws.

Domestic Law

Laws enforced within a country by its government.

International Law

Agreements and rules governing relations between nations.

State Sovereignty

A country's right to govern itself without external interference, affecting the enforcement of international law.

(Sources of International Law) - Customary Law

Long-standing international practices accepted as law.

(Sources of International Law) - Treaties

Formal agreements between countries.

(Sources of International Law) - Legal Decisions & Writings

International court rulings and legal scholars' contributions.

United Nations (UN)

Maintains peace, protects human rights, and develops international law.

International Courts & Tribunals

Resolve legal disputes between states.

Intergovernmental Organisations (IGOs)

Regulate international relations (e.g., WTO, IMF).

Non-Governmental Organisations (NGOs)

Advocate for human rights and policy changes.

Impact of International Law on Australian Law

International treaties influence Australian law, but must be incorporated into domestic legislation.

Public Law

Governs relationships between the state and individuals.

Criminal Law

Deals with offenses against society (e.g., theft, assault).

Administrative Law

Regulates government decisions.

Constitutional Law

Defines government powers and structures.

Private Law

Governs relationships between individuals or organizations.

Contract Law

Regulates agreements between parties.

Tort Law

Covers civil wrongs (e.g., negligence, defamation).

Property Law

Concerns ownership rights.

Civil Law

Resolves disputes between individuals (compensation or injunctions).

Criminal Law

Involves prosecution by the state for legal violations (fines, imprisonment).

Judge

Oversees trials and rulings.

Lawyer

Represents clients in legal matters.

Jury

Determines guilt or liability in certain cases.

Prosecutor

Represents the state in criminal trials.

Defendant

The accused in criminal or civil cases.

Common Law

Based on judicial precedent (e.g., Australia, UK).

Civil Law

Based on written codes (e.g., France, Germany).

(Conditions for law reform) - Changing Social Values

Shifts in beliefs (e.g., equality).

(Conditions for law reform) - Technological Advances

New technology creating legal gaps.

(Conditions for law reform) - Judicial Decisions

Courts highlighting legal issues.

(Conditions for law reform) - Political & Economic Factors

Government or financial shifts.

(Conditions for law reform) - Public Opinion

Activism and public demand.

(Conditions for law reform) - International Influence

Global treaties affecting national laws.

(Agencies in Law Reform) - Government Bodies & Parliament

Propose, debate, and pass laws

(Agencies in Law Reform) - Law Reform Commissions

Research and recommend changes.

(Agencies in Law Reform) - Courts

Set precedents that influence legal development.

(Agencies in Law Reform) - Advocacy Groups & Media

Raise awareness and push for reforms.

(Mechanisms of Law Reform) - Parliamentary Legislation

Passing new laws or amendments.

(Mechanisms of Law Reform) - Judicial Decisions

Setting legal precedents.

(Mechanisms of Law Reform) - Public Consultations

Stakeholder input in law-making.

(Mechanisms of Law Reform) - Royal Commissions

Independent investigations suggesting reform.

(Mechanisms of Law Reform) - Lobbying

Advocacy for legislative changes.

Terra Nullius

A legal principle claiming land belonged to no one, preventing recognition of Indigenous land rights.

Native Title

The recognition of Indigenous Australians’ traditional land rights through legal processes.