Basic Legal Concepts Flashcards
Define law
A set of laws imposed on all in the community officially recognised and enforceable by the state
Define customs
Long held tradition and established patterns of behaviour within a society or group. Often not written down but passed down through generations
Define rules
rules are applied to specific groups and are not enforceable by law
Define values
values are considered to be important -> set of morals + values
Define ethics
ethics are what a society believes is wrong or right
What are the 3 characteristics of nature of justice?
- Equality
- Fairness
- Access
What is equality in the nature of justice?
Everyone having the same rights or status
What is fairness in the nature of justice?
Freedom from bias, dishonesty + injustice
What is access in the nature of justice?
Knowing the law, legal representation -> legal rep supports access
Define procedural fairness
Having fair treatment before the law:
- right to participate in legal proceedings
- defendants right to know accusation made against them
- right to hearing which they can present evidence
- right to test evidence presented
- accused to have no previous criminal conviction brought up in trial
Define rule of law
No one is above the law even those who legislate (create and enforce) them
Give an example of a breach of the rule of law
officials making favourable decisions for relatives + friends but applying the law fully for everyone else
Define anarchy
lack of or no law enforcement in a state
What is the result of anarchy?
citizens don’t fear consequences and disobey law -> chaos
Define tyranny
When there is an imbalance of power within a state