Law, Customs, and Rules (HSC SSCE Legal Studies): Flashcards

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Law, Customs, and Rules
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Law (definition)

Enforceable rules, officially recognised, binding on all

Customs (definition)

Collective habits/traditions developed over long period

Customary law

Principles from general usage according to customs, obligatory

3 types of customary law in Australia

Aboriginal/Torres Strait Islander, English, International

Rules - who makes them

Groups or organisations, not government institutions

Laws - 3 key characteristics

Binding on all, enforceable, officially recognised

Who makes laws in Australia

Elected govt officials (local/state/federal) & judges

Precedent (definition)

Legal decision serving as example/rule for future cases

Laws vs rules - enforcement

Laws: courts enforce. Rules: group leaders enforce

Progression from customs to laws

Customs → rules (with penalties) → formalised laws

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