1. Basic Legal Concepts

Question 1

Law

Answer 1

a set of enforceable rules which set down guidelines for relationships between people and organisations in a society.

Question 2

Customs

Answer 2

A way of behaving, usually created by a specific group that are passed on from generation to generation – creating a long-lasting tradition

Question 3

Rules

Answer 3

A set of guidelines for a group

Question 4

Values

Answer 4

The feelings, principles and attitudes that a society or an individual holds important. With values often being reflected in the law and easily adaptable.

Question 5

Ethics

Answer 5

the rules of conduct (what a society considers morally right and wrong) recognised in respect to various human behaviours or a particular group

Question 6

Distinguish between Customs, rules and law

Answer 6

There are distinct differences between customs, rules and law. Customs refer to ways of behaving that have been established through longstanding traditions of a group or society. Customs are passed down through generations, for example, decorating a Christmas tree on Christmas Eve. On the other hand, rules are written down and enforced by groups. For example, the uniform policy at Stella Maris College allows one piercing in one ear lobe. Laws are enforceable by people with power and authority in a society – i.e. the police. For example, you can be fined by the police for not stooping at a stop sign. Therefore, there are distinct differences between customs, rules and laws.

Question 7

Distinguish between values and ethics

Answer 7

There are distinct differences between ‘values’ and ‘ethics’ . values refer to the feelings, principles and attitudes that an individual or society holds as being important. On the other hand, ethics looks at the rules of conduct in respect to an individuals or groups behaviour. Therefore, it can be seen that there are distinct differences between ‘values’ and ‘ethics’.

Question 8

7 characteristics of just laws

Answer 8

1. it is equal
2. Based on widely held values
3. Utilitarian (philosophy of ensuring an action achieves greater good for a greater number of people
4. Aims to redress inequalities
5. Must minimise delay
6. Must not be retrospective (backwards looking)
7. The law must be known

Question 9

Justice

Answer 9

Legal principle of upholding generally accepted rights and enforcing responsibilities, ensuring that equal outcomes are achieved for those involved.

Question 10

Nature of Justice

Answer 10

1. Equality: All people in society are treated in the same way with respect to political, social and civil rights and opportunities.
   - E.g. legal aid, freedom of speech, right to vote
2. Fairness: Freedom from bias, impartiality, dishonesty or injustice, a concept commonly related to everyday activities, whereas justice has more legal connotations.
   - Ensuring equal opportunity
   - Some argue “in a bid to gain equality, fairness is lost” e.g. fining someone if they have a higher income is unfair.
3. Access: The ability to approach (attain justice regardless of barriers), communicate (legal documents easy to understand) with and make use of the law.
   - Physical access: legal aid officers
   - Virtual access: online

Question 11

Procedural Fairness (principles of natural justice)

Answer 11

Fair treatment (free from bias) before the law to resolve disputes in judicial and administrative systems.

Question 12

Principles of natural Justice

Answer 12

1. The right to be heard – a person has the right to participate in legal proceedings e.g if a person was charged with a crime but denied the right to attend the trial, this would be unfair.
   - The defendant has the right to know what allegations are made against them. This allows the defendant to prepare their defence and gather their own evidence.
   - The defendant has the right to a hearing and the defendant is able to present evidence
2. The right to have a decision made by an unbiased decision maker
   - judges and juries are required to put aside their personal view about a matter and only use the evidence presented to them to make a decision.
   - The right to test the evidence presented in a case, referred to as cross-examination (each side is to question the witnesses who give evidence for the opposing side, in a bid to cast doubt on the evidence of the witness).
   - The right of the accused to not have previous criminal convictions or accusations brought up during the trial. This makes sure that only the evidence relating to the current case is used to make a decision.

Question 13

Rule of Law

Answer 13

1. No-one is above the law
2. All people and institutions are subject to the law
3. The law must be known and the application of law must be certain

Question 14

Anarchy

Answer 14

The state of chaos and disorder resulting from the absence of rules and laws

Question 15

Tyranny

Answer 15

A single leader who has absolute power over the people in a country or state