basic legal concepts

Question 1

meaning of law

Answer 1

a set of rules imposed on all members of society, which are officially recognised, binding and enforceable by persons or organisations such as police/courts

Question 2

customs

Answer 2

a traditional and widely accepted way of behaviour that is specific to a particular society, place or time

Question 3

rules

Answer 3

one set of an explicit or understood regulations or principles governing conduct or procedure within a particular society, community or area of activity

Question 4

law

Answer 4

a set of rules imposed on all members of society which are officially recognised

Question 5

ethics

Answer 5

tells people the correct way of behaving in a certain situation - generally, the punishment for not acting ethically is less serious than ending up in court

Question 6

values

Answer 6

are society’s way of prioritising the importance of different moral choices - there is no punishment for not having or following certain values

Question 7

characteristics of just law

Answer 7

• it treats people equally
• it is based on generally held ethical precepts
• it is utilitarian
• leaves people free
• takes account of limitations in resources
• can be invoked without undue delay

Question 8

characteristics of just law: treats people equally

Answer 8

• equality is important before the law
• equality before the law does not always mean equality or opportunity of outcome

Question 9

characteristics of just law: based on generally held ethical precepts

Answer 9

• the legal system retains religious and ethical rules as basis for many laws
• laws today are less based on religious precepts

Question 10

characteristics of just law: utilitarian

Answer 10

a theory suggests that laws and decisions should be based on the idea of ensuring the greatest possible happiness for the greatest possible number of people

Question 11

characteristics of just law: it leaves people free

Answer 11

if a citizen does not break a genuine law, the citizen is free to act according to their wishes

Question 12

characteristics of just law: takes account of limitations in resources

Answer 12

legislators must take into account material resources when drafting statutes that cause these resources to be used or moved

Question 13

characteristics of just law: can be invoked without undue delay

Answer 13

laws and decisions should deal with a legal problem or dispute as soon as possible

Question 14

nature of justice:

Answer 14

• equality
• fairness
• access

Question 15

nature of justice: equality

Answer 15

all people in society are treated the same way

Question 16

nature of justice: fairness

Answer 16

refers to the legitimate and proper conduct in the performance of an act or duty, ensuring the law isn’t too harsh on an individual

Question 17

nature of justice: access

Answer 17

ability to access the law for justice to be acheived

Question 18

procedural fairness (principles of natural justice)

Answer 18

• refers to the idea that there must be fairness in the process that resolves disputes
• refers to the fact that everyone should be treated fairly in legal situations
• the principles of natural justice

Question 19

prinicples of natural justice

Answer 19

• no bias, cross examination and right to a fair trial

Question 20

rule of law

Answer 20

no one is above the law, even those who make the law

Question 21

anarchy

Answer 21

• absence of laws and government
• may break out during a revolution or after a natural disaster because law enforcement agencies no longer exist

Question 22

tyranny

Answer 22

tyranny is rule by a single leader holding absolute power in a state