legal prelim course study notes
Legal Studies
Meaning of Law
Law can be defined as a set of enforceable rules of conduct which set down guidelines for relationships between people and organisations of society.
Australia has a type of legal system known as ‘common law’. This system allows for laws to be made by judges when there is a lack of statute law (laws made by parliament). Parliament can also give authority to make laws to other bodies. Laws made by these bodies are known as ‘delegated legislation’ the most important feature of law is that it is universal.
Customs
Customs are established patterns of behaviour among people in a society group. Customary law refers to established patterns of behaviour that are accepted within a particular social or commercial setting and that are of sufficient importance to be enforced.
Rules
Generally refer to prescribed directions of conduct. (What is allowed and what is prohibited). Example: There may not be a law about wearing school uniform, but there is often a rule.
Laws
There are several reasons why we need laws:
Laws regulate society by telling us what we can do and when we can do it. (3.00pm lock out of pubs and clubs in the CBD)
Enforce values that society considers to be important. (Laws to protect private property)
Provides a venue for finding a resolution.
When rights have been violated, the law provides a means of enforcing rights and gaining compensation.
Values & Ethics
The values that society holds are a reflection of the things that are considered important. These values are often reflected in the law. For example, our society values the concept of private property and for this reason there are many laws designed to protect property.
Ethics are defined as those things that a society considers to be right or wrong. For example, if we find a wallet in the park with $200 in it and take the wallet to the police station, you are acting ethically.
Just Law
It is equal. A just law is one that treats everyone the same. Applying
Meaning of Law
Law can be defined as a set of enforceable rules of conduct which set down guidelines for relationships between people and organisations of society.
Australia has a type of legal system known as ‘common law’. This system allows for laws to be made by judges when there is a lack of statute law (laws made by parliament). Parliament can also give authority to make laws to other bodies. Laws made by these bodies are known as ‘delegated legislation’ the most important feature of law is that it is universal.
Customs
Customs are established patterns of behaviour among people in a society group. Customary law refers to established patterns of behaviour that are accepted within a particular social or commercial setting and that are of sufficient importance to be enforced.
Rules
Generally refer to prescribed directions of conduct. (What is allowed and what is prohibited). Example: There may not be a law about wearing school uniform, but there is often a rule.
Laws
There are several reasons why we need laws:
Laws regulate society by telling us what we can do and when we can do it. (3.00pm lock out of pubs and clubs in the CBD)
Enforce values that society considers to be important. (Laws to protect private property)
Provides a venue for finding a resolution.
When rights have been violated, the law provides a means of enforcing rights and gaining compensation.
Values & Ethics
The values that society holds are a reflection of the things that are considered important. These values are often reflected in the law. For example, our society values the concept of private property and for this reason there are many laws designed to protect property.
Ethics are defined as those things that a society considers to be right or wrong. For example, if we find a wallet in the park with $200 in it and take the wallet to the police station, you are acting ethically.
Just Law
It is equal. A just law is one that treats everyone the same. Applying