Vocab

What is anarchy?

The absence of or non-recognition of traditional forms of authority, government, and hierarchy, often associated with chaos and lawlessness.

What does customary law refer to?

Rules developed over time from accepted social or moral norms rather than through formal legislative processes.

What is doli incapax?

A Latin term meaning 'incapable of crime', presuming that children aged 10-13 lack the capacity to form criminal intent.

Define equality in the context of law.

The state of being equal, especially in status, rights, or opportunities.

What is ethics?

A system of moral principles and values that guide human conduct, determining what is considered right or wrong.

What does fairness mean?

Impartial and just treatment or behavior without favoritism or discrimination.

Define justice.

The principle of fairness, moral rightness, and equality ensuring individuals receive what they deserve.

What is a legal system?

The framework of rules, laws, and institutions that a society uses to govern behavior, resolve disputes, and enforce justice.

What is a sanction?

A threatened penalty for disobeying a law.

What does the term 'state' refer to?

A nation or territory considered as an organized political community under one government.

What is meant by natural justice or procedural fairness?

Ensuring fair decision making by requiring impartiality and the right for affected individuals to be heard.

What are rules of law?

The principle that all people and institutions, including the government, are subject to and accountable under the law.

Define tyranny.

Cruel and oppressive government or rule.

What are values?

Principles or standards of behavior; one’s judgment of what is important in life.

What constitutes perjury?

Lying in court or filling out a legal document, punishable by a penalty of 10 years.

What is the difference between indictable and summary offences?

Indictable offences require multiple trials, while summary offences can be dealt with quickly.

What is a precedent?

A previous court decision that serves as an example or guide for similar future cases.

Define tort.

A civil wrong, other than a breach of contract, causing harm, injury, or loss to another person.

What does ratio decidendi mean?

The reason for the decision in a legal case.

What is obiter dicta?

Statements said by a judge in passing, which are not essential to the decision.

Differentiate between customs, values, ethics, rules, and laws.

Customs are traditions enforced by social pressures; values are beliefs considered important; ethics guide conduct; rules apply to specific people; laws are binding rules for all.

Describe the nature of justice.

Upholding rights and enforcing accountability to ensure equality, fairness, and access.

What are the characteristics of just laws?

Just laws are equally and impartially binding on all members of society.

What is procedural fairness?

The requirement that decisions are made impartially and individuals have the right to be heard.

Define the difference between anarchy and tyranny.

Anarchy represents absolute freedom, while tyranny represents absolute control.