Basic Legal Concepts Flashcards
Define Law
A set of rules followed by everyone that are binding and enforceable by police and/or
courts
Define Rules
Regulations or principles governing procedure or controlling conduct
Define Customs
Collective habits or traditions that have developed in a society over a long period of
time
Give Examples of Laws
o Do not commit murder
o Do not steal
o Do not drive without a licence
o Do not speed
o Do not drive without a seat belt
Give Examples of Rules
o You must wear a school uniform
o Don’t use mobile phones during class
o You must wear a suit to a ‘black tie’ function
Define Customs
o Put a christmas tree up
o Give eggs at Easter time
o Shake hands when introduced to someone
List Reasons We Need Laws
o Keep order
o Defines what is right and wrong
o Reflection of society’s values
o Keep people safe
o To give justice
Distinguish Between Laws And Rules
A laws is a set of rules is place that are followed by everyone and are binding and enforceable by police and/or courts. Whereas rules are regulations or principles that govern procedure or control conduct over a specific group and are not enforced by police and/or courts
Define Values
Principles, standards and qualities considered important to a society
Define Ethics
Rules or standards that are of value to an individual or profession
To do with right and wrong behaviour
Define Just Laws
A law that is equal and correct for everyone
Define Characteristics Of Just Laws
o Consistent with community standards/values
o Discoverable/accessible
o Upholds human rights
o Treats everyone equally
o Enforceable
Outline The Dietrich vs. The Queen (1982) Case
What Was the SIgnificance Of This Case?
On 17 December 1986, Olaf Dietrich arrived in Melbourne after a trip to Thailand
Arrested the next day for on four charges relating to drug trafficking under the Customs Act 1901
During the trial he had no legal representation
Applied for assistance from the Legal Aid Commission of Victoria but they would not represent him unless he agreed to plead guilty to all charges
He then applied to the Supreme Court of Victoria for legal assistance but this request was also denied
Convicted in the Victorian County Court of three out of four charges brought against him
Dietrich appealed his convictions to the Supreme Court, but the Court refused to hear his appeal
Appealed to the High Court of Australia
Majority of judges in the High Court decided that Dietrich had the right to a fair trial, and that the lack of legal representation meant that the original trial was unfair
Dietrich later changed his name to Hugo Rich and received a life sentence for the murder of a security
guard in 2009
Established the right to have legal representation when charged with a serious criminal offence
Define Justice
The legal principle of upholding generally accepted rights and enforcing responsibilities, ensuring that equal outcomes are achieved for those involved
What Are The Three Aspects Under Nature Of Justice
o Equality
o Access
o Fairness
Define Equality
Means that all people in society are treated in the same way with respect to political, social and civil rights and opportunities
Define Justice
The legal principle of upholding generally accepted rights and enforcing responsibilities, ensuring that equal outcomes are achieved for those involved
What Is The Difference Between Fairness And Justice?
The difference is that the term ‘fairness’ applies to everyday life, where as ‘justice’ has more legal connotations
Define Justice In The Law
Tries to ensure that everyone has the same opportunities
Define Access
Refers to the ability to obtain or make use of something
List Groups Who Do Not Have The Same Access To The Law
o Women
o Financially disadvantaged people
o People from non-English speaking backgrounds
o People living with disability
o Aboriginal and Torres Strait Islander people
Define Procedural Fairness/Natural Justice
The body of principles used to ensure the fairness and justice of the decision-making procedures of courts in Australia
Procedural Fairness Refers To The Right To …?
o Know the case against you and to present your case
o Freedom from bias by decision-makers
o To a decision based on relevant evidence
Define Rule Of Law
The idea that everyone is bound by the law, including those who make and enforce the law
Define Sanctions
A penalty imposed on people that break the law e.g. fine or jail
List Reasons People May Follow The Law
o Fear of punishment
o Stigma of having convictions
o Occupation requirements
o They share those values and believe it’s the right thing to do
o They know the behaviour is against the law so won’t do it
List Reasons People Do Not Follow The Law
o Income or social circumstances
o For family or friends e.g. police letting friends off easy
o Don’t believe they will get caught
o Don’t believe the punishment is enough of an incentive
o Didn’t know the behaviour was against the law
Define Anarchy
The absence of laws and government
What Are Causes Of Anarchy?
o After a natural disaster
o During a revolution
List TWO Early Indicators Of Anarchy
Early indicators of anarchy are rioting and looting
What Is A Benefit Of Anarchy
Beneficial as a tool for extreme social change when the ruling system isn’t reflecting the needs/wants of their people
We do have some societies in anarchy give TWO examples
o Rojova revolution in Syria is the most recent (2014) and is still ongoing
o Greece government went into massive debt and could not get money and people stopped following the law and the police could not enforced
Define Tyranny
When one person is ruling and has all the power
What Is Tyranny Associated With?
o Severe punishments for breaking the law
o One person making all the decisions regardless of desires of society
o Secret police and martial law - where the military help police with everyday civil laws
o Closed courts
o Abuse of power by the state
o Lack of separation of powers between legislation, executive and judiciary
