1. basic legal concepts Flashcards
meaning of law
a system of rules that are created and enforced through social or governmental institutions to regulate behaviour of society.
customs
habits and traditions that have developed in a society over a period of time
rules
principles and regulations governing procedure and controlling conduct.
law
a set of rules imposed on all members of the community that are officially recognised, binding and enforceable by police and the courts.
values
standards, principles and qualities considered desirable or worthwhile within a society.
ethics
- standards and rules directing the behaviour of a person or members of a profession.
- a major field of philosophy investigating the nature or values and right and wrong conduct
what are just laws?
just laws are laws which are based on the notion of equality and should not discriminate. They should protect human rights, promote equality and reflect social values.
natural justice
body of principles used to ensure fairness in procedures of the court.
- refers to the right to know the case against you and the right to present it, the right to freedom from bias from decision makers and the right to a decision based on relevant evidence.
fairness
freedom from bias, dishonesty and/or injustice.
equality
everyone is treated equally before the law; equal pay for work , anti-discrimination, children deserve differentiated treatment, (R v LMW) 1999- capability of the 10 year old
access
the ability to access and use the legal system and helpful measures; laws must be known, legal aid, understand your rights and obligation.
why is access to the law important
Individuals need to be able to access the courts and legal processes or the law can’t enforce people’s rights and responsibilities.
procedural fairness (principles of natural justuce)
the idea that there must be fairness in the process that resolves disputes. e.g. misconduct investigations- it would have been unfair for a decision to be issued without the alleged wrongdoer having an opportunity to make their case. The second element of procedural fairness demands that a decision maker be free from any bias.
natural justice
everyone should be treated fairly in legal situations. principles: the right to be heard and to know the case against you, the right to a hearing free from bias, the right to a trail based on sound and legally obtained evidence and the right to appeal the decision up to a certain point.
the rule of law
a fundamental legal principle with two main aspects; no one is above the law, the law is effectively enforced.
