Year 11 Legal Studies — NESA Syllabus Study Notes

Laws

Enforceable rules made by a governing authority that regulate the behaviour of members of society and are backed by sanctions (penalties).

Customs

Long-established practices or traditions followed by a community which are informal and not legally enforceable but can influence law.

Rules

Guidelines set by organisations (e.g. school or sporting rules) that are enforceable only by that specific organisation.

Values

The beliefs and principles considered important by a society, such as fairness, equality, and freedom.

Ethics

Moral principles guiding conduct which the law often reflects as they evolve over time.

Characteristics of Just Laws

A law that is known (publicised), stable, applied equally, consistent with human rights, made by legitimate authority, and enforceable.

Statute Law (Legislation)

Law made by Parliament; it is the supreme source of law in Australia and can override common law.

Delegated Legislation

Rules and regulations made by bodies authorised by Parliament, such as local councils or government departments.

Justice

The fair and proper administration of laws, consisting of three components: Equality, Fairness, and Access.

Procedural Fairness (Natural Justice)

The right to a fair process when decisions are made, including the hearing rule, the bias rule, and the evidence rule.

Rule of Law

The principle that all people and institutions, including governments, are subject to and accountable under the law; no one is above the law.

Anarchy

The absence of law and government, leading to chaos and disorder where individuals' rights cannot be protected.

Tyranny

The oppressive and arbitrary use of power by a ruler or government, ignoring the law and the rights of citizens.

Common Law

Law developed by courts through judicial decisions (judge-made law), originating in England and based on the doctrine of precedent.

Equity

A body of law based on fairness and conscience, developed to address the harshness or inadequacy of common law.

Precedent (Stare Decisis)

A legal principle where courts are bound to follow the decisions of higher courts in the same hierarchy; 'to stand by things decided'.

Ratio decidendi

The legal reason for a court's decision