01. Legal Foundations Flashcards
What is social cohesion?
The ability of a community to live together in a peaceful, orderly, and harmonious manner by recognizing that all people have rights and responsibilities.
Why do we need laws?
Laws exist to protect the safety of people in the community, recognize and protect the freedoms and interests of community members, ensure that society functions properly, and produce fair outcomes.
What are customs?
Customs are socially acceptable habits that have become common practice, such as waiting in queues or tipping in restaurants.
What are rules?
Rules are non-legal guidelines which apply to a specific group of people, such as school rules or sporting rules.
What are laws?
Laws are legal rules that everyone in society must follow, made by parliaments, subordinate authorities, and the courts to ensure that society functions properly.
What distinguishes a law from a custom or rule?
The authority to make laws, the consequences for breaking a law, and the regulation of behavior. Laws are made by authorized bodies like parliaments, have serious consequences like fines or imprisonment, and regulate everyone’s behavior in society.
What are the characteristics of an effective law?
To be effective, laws should be known, enforceable, reflect society’s values, be stable, and be clear and understandable.
What is fairness in the legal system?
Fairness means impartial and just treatment or behavior without favoritism or discrimination. Examples include the right to silence and the presumption of innocence.
What is equality in the legal system?
Equality is the state of being equal in status, rights, or opportunities. In the legal system, this means both parties have equal opportunity to present their case and are treated equally under the law.
What is access in the legal system?
Access means the means or opportunity to use the legal system, such as access to legal representation and the right to appeal a court’s decision.
