Basic Legal Concepts Flashcards
Customs
Habits or traditions
Rules
Regulations or principles which apply to specific groups
Laws
A set of rules imposed on all of society
Values
Principles
Justice
Upholding legal rights
Equality
Having the same basic rights or status; being treated the same
Fairness
Treating everyone in society equitably, according to their circumstances
Access
The right to use something; the ability to use and understand the legal system and law
Just laws
- Bind everyone
- Able to be enforced
- Officially recognised
- Accessible
- In relation to public interest
- Reflective of rights and duties
Procedural fairness
There must be fairness in the process that resolves disputes
Natural justice
Everyone should be treated fairly in legal situations
Principles of natural justice
No bias rule, fair hearing rule
No bias rule
The right to have a decision made by an unbiased decision maker, including:
- No personal interest
- Demonstrate impartiality (inc. no perceived/apprehended bias)
Fair hearing rule
The right to be heard, including:
- The right to present views and facts to the decision maker
- The right of a defendant to know the accusations and see the evidence
Other principles of natural justice
- Fair decisions, based on established, public rules
- Transparency
- Equality before the law in treatment and access
The rule of law
- Everyone is ruled by the law and must obey it
- People are able and willing to be guided by the law
Characteristics of the rule of law:
- EVERYONE is accountable
- KNOWN and ACCESSIBLE
- INDEPENDENT, IMPARTIAL and OPEN
- FAIR and PROMPT trial
- NO ARBITRARY ACTIONS
- PUNISHMENT DETERMINED BY THE COURT, ACCORDING TO LAW
Anarchy
The absence of laws and government.
Tyranny
A state of extreme law.
Causes of anarchy and tyranny
- Absence of laws
- Laws which cannot be upheld
- Laws applied in an unequal manner
