Legal Studies Revision Essay
Legal Studies Revision
Law:
1. A set of rules imposed on all members of a community
2. Officially recognised, bound and enforced by persons or organisations like the police / courts
3. We need laws in society because there is a need to keep people safe and sort out disputes
Customs:
1. Collective habits/traditions.
2. Developed in a society over a long period of time.
3. Example: walking on the left hand side.
Rules:
1. Regulations or principles governing procedure or controlling conduct.
Example: School rules.
Equality:
The state or quality of being equal
Having the same rights or status
1. On the surface – means that people should be treated equally
2. On a deeper level – means to be fair and just; you may need to …show more content…
The right to present your case
2. The right to freedom from bias by decision makers
3. The right to a decision based on logically relevant evidence
Rule of law:
The principle that no one is above the law
Includes government bodies like the prime minister and police members
Anarchy:
The absence of laws and government
Tyranny:
Ruled by a single leader holding absolute power in a nation-state
Example: Muammar Gaddafi – tyrant of Libya
Common Law:
Law made by courts
Historically; law common to England
1. English legal system – used in many countries like Australia, New Zealand, USA, Canada
2. Describes laws made by judges in trials (Precedents)
Origin of Common Law:
William the conqueror took power in England in 1066
Judges were sent out on circuits visiting villages and hearing cases
From time to time, the judges would meet and discuss the cases they heard
The idea of precedents developed Judges should be consistent when hearing similar cases; this is seen as just and fair. In the 14th Century
1. Another court was set up to hear people’s appeals who thought that their original judge had made an unjust …show more content…
A judgement that is authority for a legal principle and that serves to provide guidance for deciding cases that have similar facts
2. A judgement made by a court that establishes a point of law
a. A new situation or problem comes before the court
Making and Following Precedent:
1. When there has been no previous decision to provide guidance for deciding a case
2. Court must use principles of the existing common law and statute law to make its decision
3. Judges may also look to social developments and common sense.
4. Precedents are less common today because most laws are made by Parliament
Rules of Precedent: Binding precedent
Lower courts are bound to follow decision of superior courts regardless whether of the Judge believes a decision is correct Persuasive precedent
Superior courts do not have to follow decision made in lower courts however they may use them to help make a decision.
Summary
Law:
1. A set of rules imposed on all members of a community
2. Officially recognised, bound and enforced by persons or organisations like the police / courts
3. We need laws in society because there is a need to keep people safe and sort out disputes
Customs:
1. Collective habits/traditions.
2. Developed in a society over a long period of time.
3. Example: walking on the left hand side.
Rules:
1. Regulations or principles governing procedure or controlling conduct.
Example: School rules.
Equality:
The state or quality of being equal
Having the same rights or status
1. On the surface – means that people should be treated equally
2. On a deeper level – means to be fair and just; you may need to …show more content…
The right to present your case
2. The right to freedom from bias by decision makers
3. The right to a decision based on logically relevant evidence
Rule of law:
The principle that no one is above the law
Includes government bodies like the prime minister and police members
Anarchy:
The absence of laws and government
Tyranny:
Ruled by a single leader holding absolute power in a nation-state
Example: Muammar Gaddafi – tyrant of Libya
Common Law:
Law made by courts
Historically; law common to England
1. English legal system – used in many countries like Australia, New Zealand, USA, Canada
2. Describes laws made by judges in trials (Precedents)
Origin of Common Law:
William the conqueror took power in England in 1066
Judges were sent out on circuits visiting villages and hearing cases
From time to time, the judges would meet and discuss the cases they heard
The idea of precedents developed Judges should be consistent when hearing similar cases; this is seen as just and fair. In the 14th Century
1. Another court was set up to hear people’s appeals who thought that their original judge had made an unjust …show more content…
A judgement that is authority for a legal principle and that serves to provide guidance for deciding cases that have similar facts
2. A judgement made by a court that establishes a point of law
a. A new situation or problem comes before the court
Making and Following Precedent:
1. When there has been no previous decision to provide guidance for deciding a case
2. Court must use principles of the existing common law and statute law to make its decision
3. Judges may also look to social developments and common sense.
4. Precedents are less common today because most laws are made by Parliament
Rules of Precedent: Binding precedent
Lower courts are bound to follow decision of superior courts regardless whether of the Judge believes a decision is correct Persuasive precedent
Superior courts do not have to follow decision made in lower courts however they may use them to help make a decision.
Summary