LEGAL SYSTEM [ WEEK 1 : Concept of Law ] Flashcard

Vocabulary flashcards based on lecture notes covering key legal concepts and principles.

Rules

Standards of behavior; legal rules enforceable by law, while non-legal rules are informal.

Justice

Fair and impartial application of laws; includes distributive and procedural components.

Equality

Everyone is treated the same under the law, protected by legislation.

Morality

Beliefs about right and wrong; influences laws but not all moral issues are regulated by law.

Freedom

The right to act freely within limits; protected under laws, balanced against others' rights.

Separation of Powers

Division of state power into legislative, executive, and judiciary to prevent abuse of power.

Judicial Precedent

Courts follow past decisions in similar cases to maintain consistency; based on stare decisis.

Binding Precedent

A legal decision from a higher court that must be followed by lower courts in similar future cases.

Jurisdiction

Legal authority of a court to hear a case; varies by location, case type, or court level.

Common Law

Law developed by judges through court decisions; binding through precedent.

Statutory Law

Law made by Parliament; written and codified in Acts of Parliament.

Jurisprudence

The philosophy or theory of law; explores the nature, purpose, and structure of legal systems.

Justiciability

Determines whether a legal issue is appropriate for court resolution.

Authorities

Legal sources used to support arguments, including statutes, case law, and academic commentary.

Equity

A branch of law developed to address fairness where common law outcomes are too rigid.

Ratio decidendi

The legal reason or principle upon which a court’s decision is based; binding part of the judgment.

Obiter dicta

Remarks made by a judge that are not essential to the decision; persuasive but not binding.

Ultra vires

Latin for “beyond the powers”; when a public authority acts outside its legal authority.

Locus standi

Latin for “place to stand”; refers to a person’s legal right to bring a case before the court.

A legal system allocates rights & obligations

Law defines rights and obligations, creating order and responsibility.

Law must be stable

Laws should not change too frequently to ensure consistency and trust.

Law must be predictable

People should be able to foresee legal consequences to plan their conduct.

Law must be known

Laws must be accessible and publicly available so that everyone can understand and follow them.

Law must be enforceable

Mechanisms must exist to ensure compliance and provide remedies when laws are broken.

Law must reflect society’s values

Effective laws often align with the moral and cultural values of society.