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"legal notes"
legal notes
Legal Studies

Basic Legal Notions


• Anarchy- a state of society WITHOUT government or law (LAWLESNESS)

• Custom- a type of behaviour that has emerged OVERTIME & that is followed by a group by MUTUAL CONSENT. Traditions.

• Fairness- PROPER BEHAVIOUR (conduct) in the performance of an act or duty.

• Rules- controlling COMMANDS which have authority of a superior power. Guidelines.

• Equality- everybody being treated the SAME.

• Justice- a concept about what is RIGHT & WRONG and what is FAIR & UNFAIR.

• Values- principles or ATTITUDES which we see as important. Beliefs.

• Ethics- a set of MORAL BELIEFS governing behaviour.

• Tort- a CIVIL WRONG where one person unreasonably interferes with the rights of another.

• Duty- something a person is REQUIRED to do or stop doing.

• Right- something to which a person is ENTITLED.

• Public law- law affecting ENTIRE community about disputes between the state & private individuals; & law about law-making powers of governments.

• Civil law- laws are regulating the behaviour of individuals- form of private law.

• Common law- CASE LAW developed in common court case law or JUDGE-MADE law.

• Culture- knowledge & ways of THINKING & BEHAVING that give a group its distinctive way of life.

• Domestic law- the law of a country- applies within a nation/states' borders.

• High court- the ultimate court of appeal.

• Burden of proof- responsibility of the party who must prove a case in court. In a civil case this party is the PLAINTIFF. In a criminal case it's the PROSECUTION.

• Alternative dispute resolution- methods of resolving disputes which do not rely on the court system.

• Appellate jurisdiction- a court's power to hear matters which have been heard before at a court lower in the judicial hierarchy but appealed to the court with the appellate jurisdiction.

• Constitutional convention- a meeting of people elected from across Australia to discuss matters...

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