Legal Studies: Law and Justice Foundation

This set of vocabulary flashcards defines the fundamental concepts of law, justice, society, and legal systems based on lecture notes.

Law

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

Rules

Regulations that only apply to people in a specific group and can vary depending on the situation they are in; they carry consequences if broken.

Customs

Patterns of behaviour among people in a society or group that represent habits and traditions developed over time; they are not enforceable.

Customary Law

Principles and procedures that have developed through general usage according to the customs of a people or nation, or groups of nations, and are treated as compulsory.

Values

Principles, standards, or qualities that are considered worthwhile or desirable within a society, often reflecting religious beliefs and forming the basis of criminal law.

Morals

Principles of right and wrong in personal behaviour that refer to public morality and the core of society’s values.

Ethics

Principles of right conduct or action applied to professional and business practices, shared within society and associated with conduct in public office and business.

Justice

The legal principle of upholding generally accepted rights and enforcing responsibilities, ensuring equal outcomes are achieved and everyone is subject to the same laws and proportionate punishments.

Equality

The concept that all people should be treated the same.

Fairness

A concept within the nature of justice meaning being free from bias and dishonesty.

Access

The right or opportunity to make use of the legal system, including equal protection and the opportunity to access court systems or free legal advice.

Formal Equality

The notion that everyone will be treated equally.

Equality of Opportunity

The notion that no one should be discriminated against.

Equality Before the Law

The notion that everyone will be treated equally by the law and given equal access to it.

Equality of Outcomes

The notion regarding the consistency of rulings and in punishments.

Equity

A principle used by judges to redress injustices by exercising the power of discretion in sentencing to accommodate common law precedents and legislative statutes.

Mandatory Sentencing

A system that removes judicial discretion, requiring the application of standard penalties regardless of the offender's background.

Procedural Fairness

The use of fair processes to resolve disputes, including the right to be heard, the right to freedom from bias, and decisions based on relevant evidence.

Rule of Law

The principle that no one is above the law, including the people who make and enforce it.

Anarchy

The absence of effective government or law in a country or region, generally leading to short-lived confusion and disarray, such as in Albania in 1997 or London in 2011.

Tyranny

A situation where one person or group has absolute control of a state, typically involving oppressive treatment of citizens and suppression of dissent, such as the Nazi party under Hitler or Kim Jong Un in North Korea.