Basic Legal Concepts

Question 1

Define Law

Answer 1

A set of rules followed by everyone that are binding and enforceable by police and/or
courts

Question 2

Define Rules

Answer 2

Regulations or principles governing procedure or controlling conduct

Question 3

Define Customs

Answer 3

Collective habits or traditions that have developed in a society over a long period of
time

Question 4

Give Examples of Laws

Answer 4

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

Question 5

Give Examples of Rules

Answer 5

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

Question 6

Define Customs

Answer 6

o Put a christmas tree up
o Give eggs at Easter time
o Shake hands when introduced to someone

Question 7

List Reasons We Need Laws

Answer 7

o Keep order
o Defines what is right and wrong
o Reflection of society’s values
o Keep people safe
o To give justice

Question 8

Distinguish Between Laws And Rules

Answer 8

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

Question 9

Define Values

Answer 9

Principles, standards and qualities considered important to a society

Question 10

Define Ethics

Answer 10

Rules or standards that are of value to an individual or profession
To do with right and wrong behaviour

Question 11

Define Just Laws

Answer 11

A law that is equal and correct for everyone

Question 12

Define Characteristics Of Just Laws

Answer 12

o Consistent with community standards/values
o Discoverable/accessible
o Upholds human rights
o Treats everyone equally
o Enforceable

Question 13

Outline The Dietrich vs. The Queen (1982) Case
What Was the SIgnificance Of This Case?

Answer 13

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

Question 14

Define Justice

Answer 14

The legal principle of upholding generally accepted rights and enforcing responsibilities, ensuring that equal outcomes are achieved for those involved

Question 15

What Are The Three Aspects Under Nature Of Justice

Answer 15

o Equality
o Access
o Fairness

Question 16

Define Equality

Answer 16

Means that all people in society are treated in the same way with respect to political, social and civil rights and opportunities

Question 17

Define Justice

Answer 17

The legal principle of upholding generally accepted rights and enforcing responsibilities, ensuring that equal outcomes are achieved for those involved

Question 18

What Is The Difference Between Fairness And Justice?

Answer 18

The difference is that the term ‘fairness’ applies to everyday life, where as ‘justice’ has more legal connotations

Question 19

Define Justice In The Law

Answer 19

Tries to ensure that everyone has the same opportunities

Question 20

Define Access

Answer 20

Refers to the ability to obtain or make use of something

Question 21

List Groups Who Do Not Have The Same Access To The Law

Answer 21

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

Question 22

Define Procedural Fairness/Natural Justice

Answer 22

The body of principles used to ensure the fairness and justice of the decision-making procedures of courts in Australia

Question 23

Procedural Fairness Refers To The Right To …?

Answer 23

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

Question 24

Define Rule Of Law

Answer 24

The idea that everyone is bound by the law, including those who make and enforce the law

Question 25

Define Sanctions

Answer 25

A penalty imposed on people that break the law e.g. fine or jail

Question 26

List Reasons People May Follow The Law

Answer 26

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

Question 27

List Reasons People Do Not Follow The Law

Answer 27

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

Question 28

Define Anarchy

Answer 28

The absence of laws and government

Question 29

What Are Causes Of Anarchy?

Answer 29

o After a natural disaster
o During a revolution

Question 30

List TWO Early Indicators Of Anarchy

Answer 30

Early indicators of anarchy are rioting and looting

Question 31

What Is A Benefit Of Anarchy

Answer 31

Beneficial as a tool for extreme social change when the ruling system isn’t reflecting the needs/wants of their people

Question 32

We do have some societies in anarchy give TWO examples

Answer 32

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

Question 33

Define Tyranny

Answer 33

When one person is ruling and has all the power

Question 34

What Is Tyranny Associated With?

Answer 34

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