Legal Studies Queensland - Summary
Chapter 1 – The Legal System
1.1 What is law?
* Defn: those rules which will be recognized/enforced by courts
* Means different things to people
* ‘Law; covers a diverse range of human activities
* Impacts upon peoples lives differently
1.2 Why do we need law?
* For humans to co-exist harmoniously
* To be applied and enforced in a legal system
* Based on a generally accepted moral code
1.3 Norms and rules
* Important behavior controls * Do not have the status/force of laws
* Norms: socially acceptable habits/customs
* Rules: regulate our lives in a more formal manner
* Features of a law that distinguishes law from a norm/rule: * Authority * Consequences * Regulation
1.4 Why do laws change?
* To reflect needs and values of members of society
1.5 What are the features of a ‘good law’?
* Must contribute positively to the well being of all citizens in society. Following features must be present:
1. Must fairly balance individual/private rights with the food of the whole community
2. Laws should be clear * So citizens can understand * Judges must be able to interpret/apply the law
3. Law should be consistent/stable * Confidence/certainty in the law * Prospective (take effect in the future)
4. Should apply equally to all
5. Should be capable of being enforced
Chapter 2 – Historical Sources of Australian Law
2.1 Sources of law
1. Authorative (statute law) source of law – made by parliament
2. Common law – made by judges
Terra Nulluis
“LAND BELONGING TO NOONE”
* European nations that settled onto uninhabited land that had no sovereign ruler and no system of land – they could legally take over and claim the land as their own
2.2 Law before British Settlement
* Indigenous Aus.’s – first to Australia longstanding r.ship with the continent
* Developed
1.1 What is law?
* Defn: those rules which will be recognized/enforced by courts
* Means different things to people
* ‘Law; covers a diverse range of human activities
* Impacts upon peoples lives differently
1.2 Why do we need law?
* For humans to co-exist harmoniously
* To be applied and enforced in a legal system
* Based on a generally accepted moral code
1.3 Norms and rules
* Important behavior controls * Do not have the status/force of laws
* Norms: socially acceptable habits/customs
* Rules: regulate our lives in a more formal manner
* Features of a law that distinguishes law from a norm/rule: * Authority * Consequences * Regulation
1.4 Why do laws change?
* To reflect needs and values of members of society
1.5 What are the features of a ‘good law’?
* Must contribute positively to the well being of all citizens in society. Following features must be present:
1. Must fairly balance individual/private rights with the food of the whole community
2. Laws should be clear * So citizens can understand * Judges must be able to interpret/apply the law
3. Law should be consistent/stable * Confidence/certainty in the law * Prospective (take effect in the future)
4. Should apply equally to all
5. Should be capable of being enforced
Chapter 2 – Historical Sources of Australian Law
2.1 Sources of law
1. Authorative (statute law) source of law – made by parliament
2. Common law – made by judges
Terra Nulluis
“LAND BELONGING TO NOONE”
* European nations that settled onto uninhabited land that had no sovereign ruler and no system of land – they could legally take over and claim the land as their own
2.2 Law before British Settlement
* Indigenous Aus.’s – first to Australia longstanding r.ship with the continent
* Developed