Preliminary HSC Part I 1.1

1. THE LAW, CUSTOMS AND RULES

2. OVERVIEW
Syllabus Topic: The Legal System
Context: Students are to develop an understanding of the nature and
functions of law through the examination of the law-making processes
and institutions.
Question: Evaluate the need for law in the operation of society
Criteria for Evaluation (word bank): essential/non-essential,
important/not-important,

3. NAME AND DEFINE: LAW

A law is a special type of rule that has been made
by sovereign power*.
* A person or institution with the authority to make laws

4. DESCRIBE: LAW
Universal – applies consistently and constantly, to
everyone
 Strictly enforced by society


5. EXPLAIN SIGNIFICANCE OF: LAW
For each feature described, what is its function or purpose? What
problem is it addressing, or what is its impact/effect?

Universal:

Strictly enforced:

6. NAME AND DEFINE: RULES

Prescribed directions for behaviour in certain
situations

7. DESCRIBE: RULES
Apply to certain people at certain times
 Recorded in written form or through use of symbols
– usually
 Not enforceable by the state


8. EXPLAIN SIGNIFICANCE OF: RULES
For each feature described, what is its function or purpose? What
problem is it addressing, or what is its impact/effect?

Not universal:

Usually written/symbolic:

Not enforceable

9. NAME AND DEFINE: CUSTOMS

Collective habits or traditions that have developed
in society over an extended period of time

10. DESCRIBE: CUSTOMS
Exist within a group of people
 Vary depending on the culture, religion and history
of a group
 Generally not written down


11. EXPLAIN SIGNIFICANCE OF: CUSTOMS
For each feature described, what is its function or purpose? What
problem is it addressing, or what is its impact/effect?

Not universal:

Usually written/symbolic:

12. DIFFERENCES BETWEEN LAWS AND RULES
Laws
Rules
To be obeyed by…
To be obeyed by…
Made by…
Made by…
Enforced through…
Enforced through…
Consequences of a breach…
Consequences of a breach…

13. RELATIONSHIP BETWEEN CUSTOMS, RULES
AND LAWS
Whenever people
have lived together
in groups, they’ve
developed rules to
govern their
behaviour and thus
maintain the
smooth running of
activities
These rules have
penalties attached
if members of the
group fail to follow
them
These rules were
based on the
traditions, customs
and values of the
group
Over time, these
rules became
formalised laws,
known in society
as “the law”
Groups usually put
someone, or a
small group, in
charge to enforce
these rules and the
assorted penalties.
In modern times,
this became the
government

14. ANALYSE:
How are the functions put into action? How do they achieve their
purposes? What is the relationship between each feature described and
its impact/effect?

15. CRITICALLY ANALYSE:
How is each feature (or impact/effect) beneficial or unbeneficial, in
relation to your set criteria? In what ways?
advantages
disadvantages

16. EVALUATE:
To what extent is each impact/effect effective (or what is its
value/quality)? To what extent has each feature served its purpose? To
what extent was each impact/effect successful? By how much does
each positive outweigh the negatives or vice versa?