Legal Studies - Basic Legal Concepts (Part I - The Legal System )

Law

a set of rules that are seen as binding to the whole community ; are binding for all members of society

Features of a Law

• This means that the law is applied constantly and consistently

• Always in effect

• Applies to everyone ; laws are strictly enforced by society through police and the courts who act on behalf of society.

Purpose of Law

Ensuring effective societal functioning, preventing the misuse of power, money and strength and guareenting understanding of rights and obligations for all

Rule of Law

No One is considered above the law

Soverign Power

person or institution who has the power to make laws (In Australia, referred to as Parliments and courts)

Australia has a type of legal system known as _____

common law

Why does Australia have a common law legal system

• Allows for laws to also be made by judges when there is a lack of statute laws (laws made by parliament).

• Parliament can also give the authority to make laws to other bodies; Laws made by those bodies are known as delegated legislation

Types of Law

• Statute laws are made by parliaments ; Encompasses all laws enacted by legislative bodies.

• Common law is made by the Court ; Developed through judicial decisions and precedents.

Delegated Legislation

When parliament gives powers to councils. another statutory bodies to make laws

• these laws are made under the authority given by the parliament and are necessary for addressing specific issues efficiently

Customs

• Customs are traditional or usual ways of behaving that have developed over a long time and are passed down from person to person and generation to generation.

• Customs are not enforceable by law.

• People typically follow customs to avoid being perceived as different, bad, or an outcast in their society and family.

Rules

• Rules are clear guidelines on what we can and cannot do, applicable only in certain places or situations.

• Rules are not enforceable by law but are usually enforced by the people in charge of or the owners of the place where the rules apply (e.g., school rules).

difference between a law and a rule

Laws

• to be obeyed by all citizens of society

• made up law-making body

• enforced thorough the courts

• breach result in a prescribed sanction imposed by the courts

Rule

• to be obeyed by specific individuals and groups

• made by individuals/groups

• enforced by leaders of a group

• Consequences of a breach of the discretion of the leader/group

Values

• refer to the standards and principles considered important within a society and are often reflected in the law

Ethics

refer to the rules of conduct recognized in respect to various human behaviours or particular groups, such as teachers or doctors, and deal with what is morally right and wrong

Sovereign Power

A sovereign power is a person or institution with the legal authority to make laws, usually parliament, but courts and delegated authorities can also be involved.

Punishment by the state

if you break a law, you can be punished by the government (the state)

Rule of Law

• The Rule of Law States : ‘no one is above the law’

• Different laws ma apply to different people in different stations, but all are bound by the law