Legal studies exam 1 prep

Law

A set of rules imposed on all members of a community that are officially recognized, binding, and enforceable by persons or organisations such as the police and/or courts.

Rules

Prescribed directions for conduct in certain situations made by groups and affecting people within those groups, not usually enforceable by the state.

Customs

Established patterns of behaviour among people in a society or group that can evolve into customary law.

Customary Law

Principles and procedures that have developed through general usage according to the customs of a people or nation, considered obligatory.

Values

Principles, standards, or qualities considered worthwhile or desirable within a society.

Ethics

Rules or standards directing the behaviour of a person or the members of a profession, and also the branch of philosophy that investigates values and right and wrong conduct.

Justice

The legal principle of upholding generally accepted rights and responsibilities, ensuring equal outcomes.

Equality

The state where all individuals in a society are treated the same concerning opportunities and rights without unfair advantage or disadvantage.

Fairness

Freedom from bias, dishonesty, or injustice; related to everyday activities.

Procedural Fairness (Natural Justice)

Principles ensuring fairness and justice in court decision-making procedures.

Access

The right or opportunity to make use of the legal system.

Rule of Law

The principle that nobody is above the law, including those who make it.

Anarchy

The absence of laws and government, resulting in chaos.

Tyranny

Rule by a single leader holding absolute power, often with severe punishments.

State

A politically independent country.

Sanction

A penalty imposed on those who break the law, usually in the form of fines or punishment.

Doli incapax

The presumption that a child under 10 years old cannot be held legally responsible for their actions.

Legal System

The system of courts, prosecutors, and police within a country.

Doctrine of Precedent

The principle that lower courts must follow decisions of higher courts in similar cases.

Binding Precedent

Decisions of superior courts that lower courts must follow.

Ratio Decidendi

The essential legal reason for a judge's decision which sets binding precedent.

Obiter Dicta

Other remarks made by the judge that are not part of the decision and do not set a precedent.

Distinguishing Precedent

A case may not have to follow an earlier precedent if its facts or relevant points of law significantly differ.

Overruling Precedent

A higher court can refuse to follow a decision of a lower or equal court.

High Court of Australia

The highest court in the Australian judicial system with original and appellate jurisdiction.

Statute Law

Law made by Parliament, also known as legislation or Acts of Parliament.

Legislative Process

The stages a proposed law (Bill) goes through in Parliament before becoming an Act.

Aboriginal Customary Law

Based on tradition and socially acceptable conduct, integral to the connection with land and community.

International Law

Law governing relationships between nation states, distinct from domestic law.

Sovereignty

The authority of a state to govern itself.

Treaties

Formal agreements between states that are legally binding for those who ratify them.

United Nations (UN)

An international organization focused on world peace and cooperation.

International Court of Justice (ICJ)

The UN judicial body that resolves disputes between states and provides advisory opinions.

International Criminal Court (ICC)

A permanent court that tries individuals for serious international crimes.

Separation of Powers

Divides government power into three arms to prevent abuse: Legislature, Executive, and Judiciary.

Commonwealth v Tasmania

High Court case that upheld the federal government's ability to utilize external affairs power.

Love v Commonwealth of Australia

High Court decision relevant to the status of First Nations people under Australian law.

Murphyores Inc Pty Ltd v Commonwealth

High Court case allowing Commonwealth to legislate for environmental reasons under trade power.

Citizenship Seven case

High Court decision interpreting dual citizenship restrictions relevant to the parliamentarians.