basic legal concepts

Question 1

laws

Answer 1

a set of guidelines that regulate, apply to everyone in society, and are enforced by the courts

Question 2

custom

Answer 2

expected ways of behaving in given situations or circumstances (eg. brushing teeth)

Question 3

rules

Answer 3

a set of guidelines for behaviour that apply in a given situation. They only apply to certain parties (eg. school uniform)

Question 4

value

Answer 4

something held/believed to be important to individuals and society
> eg. family, honesty
> often linked to laws (eg. Family Law Act 1975 (Cth))
> in our society, generally held values are protected by laws. Therefore, the laws in society reflect the values of the majority in that society.

Question 5

ethics

Answer 5

behaviour that is morally right (eg. doctor-patient confidentiality)

Question 6

characteristics of just laws

Answer 6

must treat people equally
must be prospective not retrospective
must provide the greatest good for the greatest number of people
must provide remedies
must be able to be changed
must be known
must be capable of being enforced

Question 7

nature of justice

Answer 7

equality
fairness
access

Question 8

nature of justice- equality

Answer 8

equality of treatment (eg. same speeding fine)
equality of outcome (eg. providing early entry for people with low-socioeconomic status as this may effect equality of outcome through access)
equal access to courts
all people should be treated equally by the law. However, does not mean all people will receive same punishment for same crimes.

Question 9

nature of justice- fairness

Answer 9

usually equates with justice but generally refers to everyday life
(eg. teacher gives student same punishment for same rule infringement)

Question 10

nature of justice- access

Answer 10

an individuals ability to use the legal system

key issues:
> cost
> time
> procedure
> knowledge

Question 11

procedural fairness

Answer 11

the need for fairness and justice in the resolution of disputes, consisting of two rules: the Hearing Rule and the Bias Rule

Question 12

the Hearing Rule

Answer 12

everyone has the right to be heard
(eg. individuals have the right to be present for legal proceedings against them in court)

Question 13

the Bias Rule

Answer 13

the Decision Maker must not be biased
> judges are impartial
> judges cannot know the accused, the plaintiff, or defendant

Question 14

rule of law

Answer 14

everyone is equal in the eyes of the law and no one is above the law
(eg. Gladys Berejiklian forced to resign)

Question 15

anarchy

Answer 15

the absence of law and order; a state of lawlessness
(eg. 6th January 2021)

Question 16

tyranny

Answer 16

excess abuse of power by a government leader. Oppression of population
(eg. Kim Kong Un in North Korea)