Basic Legal Concepts Flashcards

A collection of flashcards defining fundamental legal principles, concepts of justice, and the distinction between rules and laws based on the provided notes.

What is the definition of a law?

A rule of conduct imposed on a person and enforced by other persons or bodies in authority (State), such as parliament through statute law or judges through common law.

How are rules defined in a legal context?

Authoritative regulation of behavior OR a group of principles or regulations, such as no eating in class.

What is a custom?

An established pattern of human behavior over time, such as aboriginal customary law or wearing black at a funeral.

What are values?

Personal beliefs or ideas that are important to us as individuals, such as loyalty, wealth, or achievement.

How is the term "ethics" defined?

A system of values consciously or subconsciously privileged over others in a particular society.

What is the definition of a society?

A group of human beings connected by mutual interests, relationships, shared institutions, and a common culture.

What is the philosophical notion of justice?

A decision based on universal principles, such as utilitarianism, which seeks the greatest good for the greatest number.

What does equality suggest in the legal system?

That everyone is treated equally, meaning they have the same rights or status.

What is defined as fairness in the notes?

The legitimate and proper conduct in the performance of an act or responsibility.

What does the concept of "access" refer to?

The ability to obtain justice or make use of the law.

What are the two key elements of Natural Justice (Procedural Fairness)?

The right of a person to be heard before a final decision is made and the requirement that the person making the decision is not biased.

What is the core principle of the Rule of Law?

The principle that no one is above the law, including those who make the law.

What is anarchy?

A state of society that has no laws, such as during the collapse of Somalia's central government.

How is tyranny defined?

A political and legal regime of autocracy or arbitrary one-man rule, such as a dictator who rules by decree without checks on their power.

What are the two primary differences between rules and laws?

Rules can vary from place to place and are not enforceable by the state, whereas laws are universal and enforceable by the state.