Part 1: The Legal System

Basic Legal Concepts 1. Basic legal concepts meaning of law

Law is a dynamic thing reflective of culture and values Law can be defined as a set of enforceable rules of conduct which set down guidelines for relationships between people and organisations in a society Provides methods for ensuring the impartial treatment of people and outlines punishments for those who do not follow the agreed rules. Laws today are imposed by the administrative institutions that govern a society; they cover all members of society and there are consequences that follow if they are breached.

customs, rules and law

Activity 1 Brainstorm some everyday rules and laws that affect you at home, travelling to school, at school, playing sport, using entertainment, going on holidays and going shopping. Share your list with a partner and join with one other teams to make a larger group. Then you will produce a Mindmap titled Rules and Laws that affect us. Activity 2 Students explain, using the class mindmaps on display, the main difference between rules and laws. Activity 3 Students complete the following sentences: 1. 2. 3. 4. 5. 6. 7. One law I like is because One law I dislike isbecause We need thelaw because We need thelaw because We need thelaw because If the law mentioned in 3, 4 or 5 above did not exist, then For a law to be a good law it needs to be

Share responses in class discussion.

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Activity 4 Read the following scenario to students: Denise got in trouble for chewing gum in Mr Smiths class on Monday and was given a recess detention. On Tuesday Charlie was also caught chewing gum in Mr Smiths class and was asked to put it in the bin. Discuss: Was Denise treated unfairly by Mr Smith? What other information may you need to be able to judge this situation fairly? Should punishment always be the same when the same rule/law is broken?

Customs
customs are established patterns of behaviour among people in a society or group. Customary law consists of established patterns of behaviour that are accepted within a particular social setting. These principles and procedures develop through general usage according to the customs of a people, nation-state or group of nation-states. Three areas in which customary law has influenced the Australian legal system are: o Aboriginal and Torres Strait Islander customary law o English customary law o international customary law.

Rules
Rules are generally made by groups and only affect people within those groups. These rules often vary between groups and are not enforceable by the state. In a legal sense, rules form the basis of laws. However, rules can be changed quite quickly with the agreement of those involved BUT Laws are much more difficult to change and punishment is not always a simple process.

Law
The law, as we know it, is made up of the formal rules of society. These legal rules have been agreed upon by the group and govern their behaviour and activities. Laws allow and prohibit a whole variety of activities, from where rubbish should be placed to how we should treat fellow human beings. Failure to follow these regulations incurs penalties ranging from a fine to imprisonment. Laws have certain characteristics that make them different from rules: 1. Laws are binding on the whole community. This means that they apply to all members of society 2. Laws can be enforced. This means that penalties apply if a law is broken. 3. Laws are officially recognised. This means that governments and courts recognise laws and enforce them. 4. Laws are accessible (or discoverable). This means that people can find out which law applies to a particular situation
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5. Laws relate to public interest. This means that laws exist for things that concern the whole of society, and that interest is considered to outweigh the costs or drawbacks of the governments involvement in enforcing them. 6. Laws reflect rights and duties. This means that everyone in society has responsibilities to others, such as the duty to drive safely, and that everyone has the right to be treated in the same way by others. 7. In Australia today, the laws of society are mainly decided on by elected government officials at local, state or federal government levels. Judges also have the power to make laws in certain cases when they set a precedent. It is expected by society that the law will look after all members of the group, and therefore that any laws made will be fair, just and equitable. It is also expected that they will reflect traditional and current ethics and values. Although this represents the ideal situation, what is actually attainable may be another matter.

values and ethics characteristics of just laws

The concept of justice involves the fair and impartial treatment of all persons, especially under the law. In simple terms, justice can be seen as the continued effort to do the right thing by everyone. When it comes to making laws in a democratic society, justice involves consulting the people and carrying out the decisions of the majority, while ensuring that the minority has the opportunity to put their point of view. A just law is one that allows everyone to receive fair treatment and outcomes, and ensures that human rights are recognised and respected. This is not always an easy thing to do, as you will learn throughout the Legal Studies course.

nature of justice: o equality o fairness o access procedural fairness (principles of natural justice)

 rule of law
Source: Legal Dictionary for Australians This principle of law contains a number of features. It embodies the principle that all people are equal before the law, and that all government action will be undertaken in accordance with the law; all laws are known and certain in their form and application, and their application to individual cases is open to the public; and the courts and judiciary are independent and free from bias and respect the rights and dignity of individuals. Using the definition above, note the 4 main features of the concept: Rule of Law Rule of Law refers to 1. 2. 3. 4.

anarchy
Source: Legal Dictionary for Australians The belief that life without laws is possible. A state within a community where there is no rule of law. A state of confusion and turmoil is likely to exist as there is no ruling authority, no rules to guide behaviour and no courts to judge and punish.

tyranny

Final Activity Newspaper / Media Audit: You will collect current articles on the law from the newspaper or newspapers online for a specified period (e.g. one week) and contribute to google doc. You will need to explain the law related to each article and reasons why that law is needed / or may be controversial.