basic legal concepts Flashcards
what is meaning of law
Laws are rules/regulations set by the government, imposed in all members of a community, which is officially recognised. They are binding and enforceable by persons organisations such as police and/or courts.
what are customs
Customs are established patterns of behaviour among people in a society or group. Customs vary depending on culture, religion and history of people, society or country.
give an example of a law, custom and a rule
● Law - Drink driving
● Custom - In Australia, it is customary to shake hands when greeting a friend
● Rule - No jewellery at school
what are laws
To be obeyed by all citizens
Made be a law-making body
Enforced through the courts.
A breach results in a prescribed sanction imposed by courts.
what are rules
- to be obeyed by specific individuals or groups
- made my individuals or groups.
- enforced by leaders of a group.
- consequences of a breach at the discretion of the leader of the group
what is the difference between laws and rules
- Laws are binding on communities and all members of society.
- Laws can be enforced, and penalties be applied.
- Laws are recognised by courts and governments.
- Laws are accessible or discoverable by all.
- Laws relate to public interest and are concerned with whole society, not just one group of people.
- Laws reflect rights and duties of citizens e.g. to drive safely, duty not to harm others, right to privacy, right to an education.
what are values
principles, standards or qualities a society considers worthwhile or desirable.
what are ethics
rules or standards directing the behaviour of a person within a group of people; to do with what is considered right and wrong behaviour.
how to laws relate to values and ethics
- Laws should reflect the values and ethics of the society in which they operate.
- Therefore, laws should be flexible and able to change.
- Laws in Australia are made by our parliamentarians – and can be changed (reformed) by them.
- Parliamentarians are directly elected by voters and are supposed to represent our values and ethics.
what qualities make a legal system just?
- fairness
- equality
- access
what is fairness
Occurs when there is freedom from bias, dishonesty, injustice.
what is equality (not in assessment)
This occurs when everyone has the same right.
what is access
the right or opportunity to make use of something.
what is the rule of law?
- No one is above the law (including those he made the law
- All groups and individuals who are involved in the legal system follow the same rules as every other citizen.
- There are a range of elements to ensure this is achieved.
Why do people obey the law
- To create order
- To feel a sense of security
- Helps reinforce the values of most members of society
