Law, Customs, and Rules (HSC SSCE Legal Studies): Flashcards
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Law (definition)
Law (definition)
Enforceable rules, officially recognised, binding on all
Customs (definition)
Customs (definition)
Collective habits/traditions developed over long period
Customary law
Customary law
Principles from general usage according to customs, obligatory
3 types of customary law in Australia
3 types of customary law in Australia
Aboriginal/Torres Strait Islander, English, International
Rules - who makes them
Rules - who makes them
Groups or organisations, not government institutions
Laws - 3 key characteristics
Laws - 3 key characteristics
Binding on all, enforceable, officially recognised
Who makes laws in Australia
Who makes laws in Australia
Elected govt officials (local/state/federal) & judges
Precedent (definition)
Precedent (definition)
Legal decision serving as example/rule for future cases
Laws vs rules - enforcement
Laws vs rules - enforcement
Laws: courts enforce. Rules: group leaders enforce
Progression from customs to laws
Progression from customs to laws
Customs → rules (with penalties) → formalised laws
