Basic Legal Concepts

Question 1

Define Law

Answer 1

A set of rules imposed on all members of a certain community which are officially recognisable and enforceable by an enforcement agency.

Question 2

Why are laws neccessary

Answer 2

To provide safety, maintain order, provide equal treatment, and to provide a framework for punishment.

Question 3

What are customs and provide an example

Answer 3

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

Question 4

What are rules and provide an example

Answer 4

Principles and guidelines that control conduct. Not enforceable by the law.
E.g, Having to wear school uniform.

Question 5

What are laws

Answer 5

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.

Question 6

What are values and provide an example

Answer 6

Principles, standards or qualities that are desired in a society.
E.g, Kindness.

Question 7

What are ethics and provide an example

Answer 7

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).

Question 8

What does retrospective mean

Answer 8

Looking back or contemplative of past events

Question 9

What are retrospective laws and are they legal and why?

Answer 9

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.

Question 10

What are Just Laws

Answer 10

They allow for all people to receive fair treatment and outcomes and ensures that human rights are recognised and respected.

Question 11

What are the characteristics of Just Laws

Answer 11

Laws that are equal, applied fairly, addresses inequalities, and are not retrospective.

Question 12

What is Justice

Answer 12

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.

Question 13

What three things are needed for Justice

Answer 13

Equality, fairness, access.

Question 14

What is equality

Answer 14

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.

Question 15

What is fairness in legal terms

Answer 15

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.

Question 16

What is access

Answer 16

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.

Question 17

What is procedural fairness

Answer 17

Refers to the concept that their must be fairness in the processes (such as trials) that resolve disputes.

Question 18

What are the three main components of procedural fairness

Answer 18

• 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.

Question 19

What is the rule of law

Answer 19

A legal Australian tradition which states that law is applied equally and fairly; no one is above the law.

Question 20

What is anarchy and give an example of an anarchist society

Answer 20

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.

Question 21

What is tyranny and give an example of a tyrannical government

Answer 21

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)