Legal Studies- Topic 1- The Legal System

What is law?

A set of rules imposed on all members of a community that are officially recognized, binding, and enforceable by agents like the police or courts.

What does "universal" mean in relation to law?

It means the law applies consistently, constantly, and to everyone regardless of their power or wealth.

: What is official recognition?

The source of a law's strength and authority.

What is continuous effect?

Laws are always in effect (e.g. a stop sign at 2 a.m. still requires compliance).

What is equality in relation to law?

Laws apply regardless of an individual's position, wealth, or power.

What is mandatory compliance?

Individuals do not have the authority to decide whether to comply or not; society expects full compliance.

What is the definition of laws?

A set of rules imposed on everyone that are binding and enforceable.

How are laws enforced?

They are officially recognised and enforced by police and courts.

What are rules?

Specific instructions made by an organisation for its members.

How are rules created?

By organisations or groups based on their specific beliefs.

What are customs?

Established patterns of behaviour among people in a society.

What are values?

A reflection of the things that are considered important to society.

What are ethics?

Moral principles that govern a person's behaviour or the conduct of an activity.

What does equality mean in relation to justice?

All people are treated the same before the law.

What does fairness mean in relation to justice?

Legal processes and outcomes are honest and unbiased.

What does access mean in relation to justice?

Everyone has the ability to use legal resources, such as courts, lawyers and information

What is impartiality?

The law is applied without bias or favouritism.

What does human rights mean in relation to justice?

The law recognises and protects fundamental individual rights

What criteria must a law meet to be considered just?

Impartiality, human rights and being consultative.

What is impartiality?

The law is applied without bias or favouritism.

What does human rights mean in relation to justice?

The law recognises and protects fundamental individual rights.

What does consultative mean?

In a democracy, the law reflects the majority while protecting the minority’s right to be heard.

What are the key requirements of the rule of law?

Presumption of innocence, legality and accountability.

What is the presumption of innocence?

A person is considered innocent until proven guilty in a fair trial.

What does legality mean?

You can only be punished for breaking an existing law; laws cannot be retrospective.

What does accountability mean?

The government must follow the law and be responsible for its actions.

What does the acronym LCDMI stand for?

Legislation, Cases, Documents, Media and International Instruments.

What is procedural fairness?

The principles that make sure legal decisions are fair, unbiased, and based on relevant evidence.

What is the main idea behind procedural fairness?

Transparency in the legal decision-making process.

What is separation of powers?

Power is divided between the Legislature, Executive and Judiciary to prevent one group from abusing authority.

What does the Legislature do?

Makes laws.

What does the Executive do?

Carries out laws.

What does the Judiciary do?

Interprets laws.

What is procedural fairness (natural justice)?

It ensures decisions are unbiased and transparent.

What is the Hearing Rule?

The right to respond to allegations.

What is the Bias Rule?

Decision-makers must remain impartial.

What is the Evidence Rule?

Decisions must be based on logical and relevant evidence.

What happened in Kioa v West (1985)?

Kioa faced deportation based on undisclosed allegations and was not given a chance to respond.

What was the main issue?

Whether procedural fairness applies to deportation decisions.

What did the High Court decide?

People affected by a decision must be told adverse information and given a chance to respond.

What is anarchy and an example?

A state of lawlessness where there is no government authority and the Janurary 6th Riots

What is tyranny and an example?

A government where all power is held by one ruler an example would be the North Korea

What happened to Kathleen Folbigg?

She was convicted in 2003 of killing her four children, but was pardoned and her convictions quashed in 2023.

How did the case demonstrate problems with justice?

Her right to a fair trial and presumption of innocence were undermined by media prejudice, flawed evidence and limited scientific knowledge.

What led to Folbigg’s pardon?

New scientific evidence identified a rare genetic condition that provided an alternative explanation for the children’s deaths.