1.1 Basic Legal Concepts

Question 1

what is the meaning of law and what does this provide/create/protect?

Answer 1

rules made by a sovereign power & apply to everyone equally to regulate activities, provide stability, create certainty, and protect the weak → enforced by people in positions of power.

Question 2

what are customs?

Answer 2

the ways of behaving, established by long-standing traditions through the collective actions & behaviours of people → orally passed down

Question 3

what is customary law?

Answer 3

principles & procedures developed according to the customs of people of nations (e.g. Indigenous Australian customary law)

Question 4

what are rules?

Answer 4

regulations governing procedures that only apply to a certain groups

Question 5

what are laws?

Answer 5

binding the whole community, officially recognised & enforced by a governing body, usually carry penalties.

Question 6

what are values?

Answer 6

principles, standards or qualities considered worthwhile in society (what someone believes in)

Question 7

what are ethics?

Answer 7

rules/standards governing the conduct of a person, seen as correct, appropriate, honest, and fair (stem from values/beliefs)

Question 8

what is anarchy?

Answer 8

a state of chaos & disorder from an absence of rules & laws.

Question 9

what is tyranny?

(+ example, think modern history term 1)

Answer 9

a single leader with unlimited power over a state/ country.

e.g. Tsar Nicolas II of Russia

Question 10

what are characteristics of just laws?

Answer 10

applied equally; enforceable; written down & known; reflect society’s values, rights, and expectations; aim to reduce inequality and delay; promote conflict resolution; must be NOT retrospective (cannot be backdated)

Question 11

how can just laws be effective in society?

Answer 11

operates fairly and equally and meets the rights and expectations of society to ensure stability

Question 12

what is justice?

Answer 12

upholding accepted rights & enforcing responsibilities, ensuring that equal outcome occurs

Question 13

what is the notion of fairness?

Answer 13

free from bias, dishonesty, or injustice

Question 14

what is equality?

Answer 14

a state of quality being equal → being same rights, opportunities, & treatment

Question 15

how is justice balanced in the law?

Answer 15

victim; offender; society/community

Question 16

what is access?

Answer 16

the ability to find out, obtain information about, or make use of something.

Question 17

what does represent (blindfold, scales, sword)

Answer 17

blindfold = impartiality (treating everyone equally); scales = fairness (equal outcomes); sword = enforceability or power

Question 18

what is procedural fairness (principles of natural justice)

Answer 18

principles used to ensure fairness and justice in the decision-making procedures of courts, to prevent arbitrary abuse of power by the state.

Question 19

what are procedural fairness rights in Australia?

Answer 19

the right to know the case against you, present your case, the right to freedom from bias, and the right to a decision based on relevant evidence

Question 20

what is the fair hearing rule?

Answer 20

a person must be heard so their view is considered → can know, make, present, and then appeal case.

Question 21

what is the no bias rule?

Answer 21

there must be an impartial decision maker → person hearing cannot display ACTUAL bias or APPREHENDED bias

Question 22

what is the procedural fairness case study (media article)?

Answer 22

“Haneef wins ‘substantial’ compensation settlement”, ABC News, 2010

Question 23

what occurred that resulted in “Haneef wins ‘substantial’ compensation settlement”, ABC News, 2010

Answer 23

Dr Haneef was wrongfully accused of being involved in botched terrorist attack in Glasgow, Scotland in 2007. Detained for over 3 weeks and working VISA cancelled.

Question 24

what procedural fairness rights were infringed in the Dr Haneef case?

Answer 24

denial of rights (held without charges against him, impacting ‘presumption of innocence’, falsely accused); protection of individual rights was not upheld; no freedom from bias

Question 25

what is rule of law?

Answer 25

no-one is above the law → equality and fair treatment of all persons under the law → ALL persons must abide by the law, and have the right to be tried by an impartial court system

Question 26

what are the characteristics of the rule of law?

Answer 26

absence of arbitrary power, freedom from oppression, equality, independence, protection and given individual right, right to legal representation (not affected my socio-economic status)

arbitary = tyrannical

Question 27

what is the rule of law case study (case citation & media)

Answer 27

R v Einfeld (2009) → “Former judge Einfeld gets at least two years’ jail”, SMH 2009

Question 28

what occured during the R v Einfeld (2009) case?

Answer 28

Einfeld was sentenced for 2 years (non-parole), for lying to evade $77 speeding ticket. he pleaded guilty to perjury, and making a false statement to pervert the course of justice.

perjury = willfully lying under oath

Question 29

how effective was the application of the rule of law in R v Einfeld (2009)?

Answer 29

effective as despite being a judge, he was treated the same as any ordinary person would be if they had done the same.

Question 30

what is discretion?

Answer 30

the ability to take individual circumstances (background, reasoning/explanations) into consideration when making a decision

Question 31

what is the case study for discretion?

Answer 31

“Sickeningly brutal bashing…”, YouTube, 2012

Question 32

what occurred during the “Sickeningly brutal bashing…”, YouTube, 2012?

Answer 32

38-year-old was brutally bashed by NSW police officers after resisting arrest. the man was highly intoxicated, significantly affecting his judgement and memory. he was later found guilty of resisting arrest and fined more than $1000.

Question 33

what is the analysis of the “Sickeningly brutal bashing…”, YouTube, 2012?

(upholds? achieves? disretion?)

Answer 33

upholds the rule of law, achieves justice for society, and used discretion when charging the victim.