Vocab


Anarchy 

The absence of or non recognition of traditional forms of authority, government and hierarchy. Often used to describe chaos, disorder and lawlessness

Customary law

Rules developed over time from accepted social or moral norms rather than through formal legislative processes

Customs 

The government agency that controls the flow of goods, people and vehicles across a country’s borders

Doli incapax

Latin word meaning ‘incapable of crime’ and is a common law principle presuming that children aged 10-13 lack the legal capacity to form criminal intent, protecting them from criminal responsibility. In Australia children under 10 are considered incapable of committing an offence giving them absolute immunity. 

Equality

The state of being equal, especially in status, rights or opportunities 

Ethics 

A system of moral principles and values that guide human conduct determining what is considered right or wrong for individuals and society

Fairnes 

Impartial and just treatment or behaviour without favouritism or discrimination 

Justice 

The principle of fairness, moral rightness, and equality ensuring individuals receive what they deserve or are due

Legal system

The framework of rules, laws, and institutions such as courts, police and legislatures, and that a society uses it  to govern behavior, resolve disputes and enforce justice.

Sanction 

A threatened penalty for disobeying a law

State 

A nation or territory considered as an organized political community under one government

Natural justice/ Procedural fairness

Procedural fairness; ensuring fair decision making by authorities by requiring impartiality and the right for the affected individuals to be heard. Demanding decisions to be made unbiased and evidence-based.

Rules of law

The principle that all people and institutions including the government are subject to and accountable under the law which must be clear and accessible

Rules 

Prescribed directions of conduct that apply only to certain people at certain times.

Tyranny

Cruel and oppressive government or rule

Values 

Principles or standards of behaviour; one’s judgement of what is important in life

Perjury 

When you lie in court or when you fill out a legal document; penalty of 10 years

Indictable 

Something that would take multiple trial

Summary offence

Something that could be dealt with quickly 

Precedent 

A precedent is a previous court decision, action, or rule that serves as an example or guide for making similar decisions in future, identical, or similar cases. It is a fundamental part of common law, ensuring consistency and predictability in legal rulings

Tort 

A tort is a civil wrong—other than a breach of contract—that causes harm, injury, or loss to another person, their property, or their reputation

Ratio decidendi 

Reason for the decision

Obiter dicta

Said in passing 



Quick review





Customs- habits and traditions that have been developed by society and passed down and enforced through social pressures

Values-  things that are considered important/ beliefs

Ethics- A system of moral principles and values that guide human conduct determining what is considered right or wrong for individuals and society

Rules- direction of conduct that only apply to certain people at certain times, and are only enforceable by those who set the rules

Laws- recognised rules which are equally and impartially binding on all members of society, are enforceable by members of the government and punishments such as fines and penalties can be applied when breached. utilitarian>retrospective



the relationship between customs, values, ethics, rules and laws- Laws reflect a society’s accepted values, ethics and customs. They aim to achieve the greatest good for the greatest possible number of people, suggesting that laws are not retrospective. 



Describe the nature of justice- the nature of justice refers to upholding generally accepted rights and enforcing accountability, aiming to ensure equal outcomes for those involved. There must be evidence of equality, fairness and access in order for justice, meaning the laws must be known and easy to find, and outcomes should be balanced. 



Describe the characteristics of just laws- Just laws can be described as laws that are equally and impartially binding on all members of society 

Define procedural fairness



Define anarchy and tyranny- absolute freedom vs absolute control