legal study notes syllabus

Meaning of Law

Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior.

Characteristics of Just Laws

Just laws are characterized by being clear, publicized, stable, applied evenly, and protect fundamental rights.

Nature of Justice

Justice encompasses equality, fairness, access, and procedural fairness (principles of natural justice).

Procedural Fairness

Procedural fairness refers to the legal obligation to follow fair procedures when making decisions that affect individuals.

Rule of Law

The rule of law is the principle that all people and institutions are subject to and accountable to the law.

Common Law

Common law is a body of unwritten laws based on legal precedents established by the courts.

Statute Law

Statute law is written law enacted by a legislative body.

Hierarchy of Courts

The hierarchy of courts refers to the structure of courts in order of authority, each having its own jurisdiction.

Aboriginal and Torres Strait Islander Peoples’ Customary Laws

These are the traditional laws practiced by Indigenous Australians, based on cultural practices, kinship, and spiritual beliefs.

Division of Powers

The division of powers is the distribution of authority among different branches of government.

Separation of Powers

Separation of powers is the organizational structure of government that divides powers among separate branches.

Public Law

Public law governs the relationship between individuals and the state.

Private Law

Private law governs relationships among individuals and organizations.

Law Reform

Law reform refers to the process of reviewing and amending laws to address societal needs and values.

Alternatives to Courts

Alternative dispute resolution (ADR) methods, such as mediation and arbitration, allow parties to resolve disputes without going to court.

Rights and Responsibilities

Rights are entitlements that individuals have, while responsibilities are the obligations expected of them within society.

Impact of Technology on Law

Technology presents legal challenges such as privacy issues, cyberbullying, and difficulties in enforcing rights.

Effectiveness of Legal Mechanisms

This evaluates how well legal systems achieve justice and handle contemporary issues.

Justice and Society

Justice refers to the fair treatment of individuals, while society's needs may sometimes require balancing individual rights with state interests.