Basic Legal Concepts Flashcards
Just laws, justice, procedural fairness, rule of law, anarchy, tyranny
Define Law
A set of rules imposed on all members of a certain community which are officially recognisable and enforceable by an enforcement agency.
Why are laws neccessary
To provide safety, maintain order, provide equal treatment, and to provide a framework for punishment.
What are customs and provide an example
Collective habits or traditions that have developed in society over time. Not enforceable by law.
E.g, Brides wearing a white dress on wedding day
What are rules and provide an example
Principles and guidelines that control conduct. Not enforceable by the law.
E.g, Having to wear school uniform.
What are laws
Formal rules of society that have been agreed upon by the majority of members of a group which govern behaviours and activities. Are enforceable by law.
What are values and provide an example
Principles, standards or qualities that are desired in a society.
E.g, Kindness.
What are ethics and provide an example
Rules or standards directing the behaviour of a person that are considered morally right or wrong.
E.g, Not telling the truth (not illegal but unethical).
What does retrospective mean
Looking back or contemplative of past events
What are retrospective laws and are they legal and why?
Laws that change what people’s rights and responsibilites were in the past (laws that passed in the present to change what was legal or illegal in the past).
No, they are not legal because people cannot act within the boundaries of law if the law can be changed so that their actions which were legal at the time, are now illegal.
What are Just Laws
They allow for all people to receive fair treatment and outcomes and ensures that human rights are recognised and respected.
What are the characteristics of Just Laws
Laws that are equal, applied fairly, addresses inequalities, and are not retrospective.
What is Justice
The legal principle of upholding all generally accepted rights and enforcing all expected responsibilities within a group whilst also ensuring equality of outcomes for those involved.
What three things are needed for Justice
Equality, fairness, access.
What is equality
All people governed by laws are treated equally under these laws and suggests that no person should receive an unfair advantage or disadvantage.
E.g, Financial status, age, gender.
What is fairness in legal terms
Legal procedures are followed to ensure all parties receive a fair hearing. This can also include fairness of punishment when a decision is made.
E.g, It is not fair and therefore not just to make a fine for jaywalking for $30,000.
What is access
The principle that all people governed by the legal system and by laws should have equal access to that system.
E.g, Being able to easily interpret and access written rules.
What is procedural fairness
Refers to the concept that their must be fairness in the processes (such as trials) that resolve disputes.
What are the three main components of procedural fairness
- The individual has the right to know the case against them and to be heard.
- There must be unbiased decisions which can be accomplished with a judge, jury, or magistrate.
- The decision must be made on relevant evidence and reasoning.
What is the rule of law
A legal Australian tradition which states that law is applied equally and fairly; no one is above the law.
What is anarchy and give an example of an anarchist society
Absence of laws and governments within a state and lack of enforcement.
E.g, Freetown Christiania in Copenhagen, Denmark is an active society who mostly falls under the anarchism ideology.
What is tyranny and give an example of a tyrannical government
A cruel or oppressive government in which one person (known as the tyrant) or a small collective have complete control over everyone else.
E.g, North Korea (Tyranny) - Kim Jong Un (Tyrant)
