Basic Legal Notions
Basic legal notions are concepts that a society needs to run efficiently, and have been developed into laws so that communities and individuals will follow and allow for smooth running of a society. The legal notions include anarchy, customs, rules, law, fairness, equality and justice. These notions have helped establish common and statute law in the Australian legal system.The basic legal notions include Anarchy; the state of a society that does not have laws or state rules, Custom; collective habits or traditions that have been developed by a society, or parts of society, over a long period of time, Rules; constraining or controlling commands which have authority of a superior power (such as courts and other controlling bodies), Law; regulatory and structural basis upon which most societies are organized. A rule of conduct imposed on a people and enforced by other persons or bodies in authority, Fairness; legitimate and proper conduct in the performance of an act or duty, Equality; that everybody is treated the same, Justice; notion of a “just” (good and fair according to universal principles) decision, also refers to vengeance. It is these basic notions that have helped shape the common and statute laws of today.
mon law is the system inherited from our British colonizers, and can be seen operating in Australia’s court system. Statute law comprises the laws made by Federal and State parliaments and other delegated authorities. Australia still has relatively close legal ties with Britain for several reasons including our culture being derived from theirs, Australia’s judges having a tendency to copy English precedent and also our similar systems of parliament. Fairness and equality, which are basic legal notions, are another large part of Australia’s legal system. All court cases in common law have to sides to every to every argument, the plaintiff and defendant. This is called the Adversary system. This means that all people have an equal say in the case which is the notion of fairness. Equality is used in Australia’s legal system in certain defined circumstances, where everybody is treated equally regardless of background, social or economic status, or personal beliefs. An example of equality is that if an unemployed person gets fined $400 for an offence, then a rich person will get fined $400 for the same offence. This is also an example of how some laws are unfair. Anarchy is the only basic legal notion
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Approximate Word count = 819
Approximate Pages = 3 (250 words per page double spaced)
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