Chapter 1 Definitions - StudyKit Flashcards
(18 cards)
Definition of law
A set of rules imposed on all members of a community that are officially recognised, binding and enforceable by persons or organisations such as the police and/or courts\n-textbook
What does each characteristic of law mean
binding on the whole community- apply to all members of society\n can be enforced- there are penalties if law is broken\n are recognised- can be enforced, gov and court recognises\n accessible- can be found by the public\n-textbook
Define values
principles, standards or qualities considered worthwhile or desirable within a society\n-textbook
Define customs
established patterns of behaviour among people in a society or group and vary depending on the group\n-textbook
Define customary law
refers to established patterns of behaviour that are accepted within a particular social or commercial setting and are of sufficient importance to be enforced → developed through general usage by a group of people and are treated as an obligation\n-textbook\n\nTLDR: patterns of behaviour accepted in certain setting, developed through general use. enforced, obligation
Define rules
prescribed directions for conduct in certain situations\n\n-textbook
define value
principles or standards of behaviour governed by one’s judgement and motivates them to act in a certain way\n\n-textbook
Define ethics
Doing things that you consider morally right/avoiding things you consider morally wrong\n\n\n-textbook
Define justice
the fair and impartial treatment of all individuals, especially under the law
Define the legal system
the enforcement and interpretation of laws by a system of courts and those who work within courts
Define fairness
freedom from bias, dishonesty or injustice
Definition of equality
the state or quality of being equal; that is, of having the same rights or status
Definition of procedural fairness/natural justice
the body of principles used to ensure the fairness and justice of the decision-making procedures of courts\nin Australia, it generally refers to the right to know the case against you and to present your case\nthe right to freedom from bias by decision-makers\n right to a decision based on relevant evidence\n\nTLDR: principles that ensure fairness in decision-making\nright to know case against you\npresent case\nfreedom from bias\ndecision based on evidence
Definition of ‘The Rule of Law’
The principle that nobody is above the law; government authority must be used in line with publicly disclosed, written laws\nAnyone in authority or has involvement in the legal system is answerable to the same laws that any citizen is subject to
Definition of sanction
a penalty imposed on those who break the law, usually in the form of a fine or punishment
Definition of anarchy
the absence of laws and government; Greek word for ‘without a ruler’
Definition of tyranny
rule by a single ruler holding absolute power in a state
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