The document provides an overview of key concepts in the Australian legal system. It discusses: - Main topics covered in the course syllabus and resources available to students - How laws evolve from traditions and values and aim to keep up with societal changes - Distinctions between laws, rules, customs, and nation-states - Characteristics of just laws and ensuring justice through fairness, equality, and access - Philosophies like utilitarianism and libertarianism that influence the legal system - Features needed to maintain the rule of law like separation of powers and an independent court system

1. The Legal System
Section 1 - Basic Legal Concepts, Mr Shipp - Term 1, 2016

2. Mr Shipp’s hint and tips
Organise yourself by using the syllabus. As
you complete each dot point, mark it off so
you know where the course is currently placed
If you are away from class it is your
responsibility to keep up to date. Resources
will be available on the website and through
the Facebook group

3. Main Syllabus
Hint: Learn your syllabus points and you are
one step away from doing well in assessment
tasks

4. Meaning of Law
Laws evolve from traditions, cultures
and values
Law is a set of enforceable rules of
conduct which set out guidelines for the
way individuals and society behave
The law is always trying to keep up to
date with the changing society we live
in. Dynamic.

5. What is the Law?

6. Customs
Customs are collective habits or traditions
that have developed in a society overtime
Customary law are principles and
procedures that have developed due to
customs of people or a nation
Nation-State refers to a politically
independent country

7. different areas of
law

8. Australian Identity

9. Laws and Rules
Laws Rules
Laws are enforceable
Rules are used in certain
circumstances e.g classroom
Laws are binding on the whole
community Rules can be easily changed by the
group in charge
Laws reflect the public’s interest
Laws can be made by parliaments
(statutes) Rules may only exist in certain
areas e.g Playground
Laws can be made by Judges
(precedents)

10. Classroom Rules

11. Values and
Ethics
Values - fundamental
beliefs of a person or
social group
Ethics - based on
ideas of right and
wrong within society

12. Why is it difficult to make laws based
on values and ethics?
Discussion Time:

13. Lady
Justice
Sword -
Punishment
should be given
out with reason
Blindfold -
Justice should
be objective
Scales - Cases
should be
balanced

14. Characteristics of a Just
Law
Just Laws must be:
Enforceable – be
able to be obeyed
Acceptable –
obeyed by majority
of society
Discoverable – laws
cannot be a secret

15. The following are essential to ensure justice can be
achieved:
equality – that all people are treated in the same
way, without unfair advantage or disadvantage
fairness – that the legal system is free from bias,
dishonesty or injustice
access – the right or opportunity to make use of
something, particularly access to the legal system
The Nature of Justice

16. philosophy of ensuring an action
achieves the greatest good for the
greatest number of people
Utilitarianism

17. political philosophies that uphold liberty as
the highest political end.This includes
emphasis on individual liberty, political
freedom and voluntary association.
Libertarianism

18. Political Spectrum

21. Laws are made for the majority (Unknown)
An unjust law is no law at all (St Augustine)
At his best man is the noblest of all animals;
separated from law and justice he is the worst
(Aristotle)
The laws that protect us also make us bored
(Unknown)
Where the law ends, tyranny begins (John Locke)
Legal Quotes

22. Even if you are a minority of one, the truth
is the truth (Mohandas Gandhi)
Laws made by common consent must not
be trampled on by individuals (George
Washington)

23. Natural Justice (Procedural
Fairness)
For justice to be achieved, there must be fairness
in the processes used to resolve disputes.
The two essential features of a fair and just
process are:
the right to be heard
the right to have a decision made by an
unbiased decision-maker

24. The Rule of Law
The rule of law requires that no one is above the
law.
This includes those who make the law and
enforce the law
Arbitrary power Is making decisions without any
reference to the law
In Australia the use of separation of powers
under the constitution maintains the rule of law

25. An Independent
Court System
Controls placed on
enforcement
agencies
The Parliament is
bound by the
constitution
Key Features of the Rule of Law

26. Rule of Law in Australia

27. Marcus Einfield

28. Why do people obey the law?
It makes them feel
safe and secure
laws are based on the
customs and values of
society
penalties apply for
those who fail to obey
the law

29. Anarchy and Tyranny
Anarchy is the absence of laws and
government
A state of anarchy can sometimes break
out after a major disaster or a war
in 2005 in New Orleans after
Hurricane Katrina, violence and
looting became widespread

30. Tyranny - Cruel and oppressive
government or rule e.g Stalin, Hitler
Countries where tyranny exists are
often called police states. Rule of law
does not apply

31. Case Law