Basic legal concepts Flashcards
What is the definition of law?
A set of rules imposed on all members of a society that are officially recognised, binding, and enforceable by persons or organisations such as the police and courts.
Define a custom.
Customs are behaviours or traditions within and belonging to a certain community that are not legally binding but can face ostracism if not adhered to. For example, a handshake in Western culture or a bow in Eastern culture.
Define a rule.
Rules are a set of directions for conduct only applicable to certain groups. For example, school uniforms for students.
Define ethics.
The views of society on what is morally wrong or right. For example, murder is viewed as ethically wrong, however ethics on abortion in today’s society are still polarised.
Define values.
Rules or standards directing the behaviour of a person or the members of a profession. They are based on societal values and religion.
How are just laws achieved are what are the characteristics of justice?
Just laws allow all people to receive fair outcomes and do not hinder people’s access to basic rights and freedoms. They should reflect society’s values.
* Equality.
* Utilitarian.
* Redress inequalities.
* Prompt.
* Not retrospective: laws must look forward to betterment of the future, not regretting the past.
* Known/access.
What is the nature of justice?
Justice is accurate application of fairness, equality and access.
What does procedural fairness refer to?
Procedural fairness is the body of principles used to ensure the fairness and justice of the decision-making procedures of courts. It generally refers to the right to:
* know the case against you.
* present your case.
* freedom from bias by decision-makers.
* a decision based on relevant evidence.
What is the rule of law?
The rule of law is the doctrine that states no one is above the law and everyone should be equally held accountable to it.
This can be seen in the requirement that executive power must be used in accordance with written, public laws for which set procedures have been followed in the making and enforcement of those laws.
Define anarchy and tyranny.
Anarchy is the absence of laws and a formalised government; where people are left to their own self-determination.
Tyranny sees the state exercise absolute control over the citizens through military or executive power; headed by a tyrant.
