1. Basic Legal Concepts

Question 1

Define Law

Answer 1

A set of rules imposed on all members of a community, which are officially recognised, binding and enforceable by persons or organisations such as police or court.

Question 2

Define Rule

Answer 2

A guideline enforced by a certain establishment and only needs to be followed on premises, if not consequences apply.

Question 3

Define Custom

Answer 3

A non-punishable guideline followed to adhere to tradition or show respect.

Question 4

Define Values

Answer 4

Standards or principles which are considered to be important within society.

Question 5

Define Ethics

Answer 5

The rules of conduct recognised in respect to various human behaviours or a particular group.

Question 6

Distinguish between Customs, Rules and Law + Values and Ethics

Answer 6

The main difference between rules and laws is the consequences associated with breaking them. Laws are the legal version of rules. Laws are derived from communities values or ethics which may also be demonstrated through customs.

Question 7

Seven Characteristics of Just Laws

Answer 7

1. Treats every person the same even though the punishment may not be equal.
2. Based on widely held values.
3. Utilitarianism- Ensuring they are for the greatest good for the greatest number of people.
4. Redress inequalities- Ensuring that systemic inequality is avoided. Eg men and women pay.
5. Minimise delay and resolve disputes as soon as is possible.
6. Not be retrospective- Must be made for the future
7. Must be known before they can be enforced.

Question 8

Nature of Justice

Answer 8

Equality, fairness, access.

Question 9

Nature of Justice - Define Equality

Answer 9

Everyone should be treated the same. equality whilst taking different capacities into account. Eg age, financial capacity.

Question 10

Nature of Justice - Define Fairness

Answer 10

Impartiality; everyone in society equal, to be judged on the facts alone, without bias and the right to appeal a decision.

Question 11

Nature of Justice - Define Access

Answer 11

Community should have ability to access the law. Info about individual rights and physical access to the law and its mechanisms. Eg legal support.

Question 12

Procedural Fairness

Answer 12

Rule against bias;

1. The right to be heard: the right to a fair hearing
2. The right to have an unbiased decision maker

Question 13

The Rule of Law

Answer 13

No one is above the law.

Question 14

Define anarchy

Answer 14

Anarchy means the absence of laws and government

Question 15

Define tyranny

Answer 15

Tyranny is the rule by a single leader, holding absolute power in the state.