Basic Legal Notions Explained

Essay by HodgieHigh School, 11th gradeA-, May 2004

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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.

Common 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.

Statute law, also called legislation, is made in the Commonwealth Parliament or by the parliament of a state or territory. These laws often grew out of customary behavior. Custom is the...