Legal Studies Revision

Law

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

Values

Principles, standards, or qualities important in a society, often incorporated into laws by lawmakers.

Rules

Regulations or principles governing conduct, made by smaller authorities for specific groups, e.g., school rules.

Ethics

Moral rules of conduct recognized within a group or society.

Customs

Collective habits or traditions developed over time in a society.

Customary Law

Principles and procedures developed through general usage according to the customs of a people.

Justice

Upholding accepted rights, enforcing responsibilities, and ensuring equal outcomes for all involved.

Just Law

Law ensuring fair treatment, recognizing human rights, and based on widely held views and ethics.

Equality

State of having the same rights or status, while considering different capacities and vulnerabilities.

Fairness

Freedom from bias or injustice, ensuring rules and laws are fair to all members of society.

Access

Right to use something, ensuring equal access to the legal system and laws for all citizens.

Procedural Fairness

Principles ensuring fairness and justice in court procedures, including the right to be heard and unbiased decisions.

Rule of Law

Principle that no one is above the law, requiring adherence to publicly disclosed laws and procedural steps.

Anarchy

Absence of laws and government, leading to lawlessness.

Tyranny

Rule by a single leader with absolute power, often involving severe punishment for law infringements.

Common Law

Laws made by judges based on precedent, evolving from customs and traditions.

Equity Law

Body of law supplementing common laws, correcting injustices based on fairness and moral principles.

Doctrine of Precedent

Rule that legal principles established by superior courts should guide decisions in similar cases, ensuring consistency and fairness in law.

Obiter Dicta

The incidental statements made by a judge in a higher court, not essential to the decision.

Adversarial System

A trial system where two opposing parties present arguments to an impartial decision-maker.

Inquisitorial System

A legal system where the court actively investigates the facts of a case.

Barrister

Lawyers who specialize in appearing in higher courts and providing legal advice.

Solicitor

Legal practitioners who advise clients, prepare legal documents, and assist barristers in court.

Cross Examination

The opportunity for parties to question the opposing side's witnesses.

Judicial Umpire

Judges or magistrates who make decisions in legal matters.

Indictable Offences

Serious criminal offenses that require a formal charge and a trial before a judge and jury.

Summary Offences

Minor criminal offenses that can be dealt with by a single judge without a jury.

Jurisdiction

The authority of a court to hear and decide on a case based on factors like geography and subject matter.

Delegated Legislation

Legislation made by non-parliamentary bodies due to time constraints, concerning 'less important' laws.

Committee Stage

Stage where the bill is debated bit by bit in parliamentary committees, allowing changes to be made.

Australian Constitution

Legal principles governing Australia, established in 1901, with key sections like 128, 51, and 109.

Division of Powers

Allocation of powers between Federal and State governments, including Exclusive, Residual, and Concurrent Powers.

Separation of Powers

Ensures independence of legislative, executive, and judicial branches to prevent abuse of power.

High Court

Australia's highest court with roles in Original Jurisdiction and Final Court of Appeal, interpreting and protecting the Constitution.

Aboriginal Customary Law

Laws varied among clans, orally based, focused on kinship ties, land ownership, and spiritual beliefs.

Integration of Customary Laws

Incorporation of Aboriginal practices like conciliation, mediation, and circle sentencing into Australian law.

Circle Sentencing

A process involving Aboriginal communities in the sentencing of Aboriginal offenders to reduce recidivism and provide appropriate sentence options.

Customary Law

Consideration of traditional laws when an Aboriginal Australian is charged with a crime, including factors like traditional punishment.

State Sovereignty

The authority of a state to make and enforce laws within its defined territory, impacting international law enforcement.

International Law

Governs relations between states, focusing on regulating behavior, human rights, and conflict resolution.

International Organisations

Entities like the United Nations that aim to maintain peace, promote cooperation, and protect human rights globally.

International Court of Justice

The UN's judicial organ that resolves disputes between member nations and provides legal advice on international law.

Public Law

Deals with relationships between individuals and the state, including Criminal Law, Constitutional Law, and Administrative Law.

Private Law (Civil Law)

Private law, also known as civil law, governs relationships between individuals and entities, focusing on disputes where one party seeks compensation or resolution rather than punishment.

Purpose of Different Types of Law

Various types of law serve distinct purposes, with private law focusing on resolving disputes between individuals or entities, while criminal law aims to punish individuals for offenses against society.

Legal Personnel in Court Process

Legal personnel involved in the court process include judges, lawyers, court clerks, and legal assistants, each playing a specific role in ensuring the fair and efficient administration of justice.