Basic Legal Concepts

Question 1

Why do people obey the law

Answer 1

fear of punishment, stigma of having a conviction, occupation requirements, know behaviour is against the law

Question 2

Why people don’t obey the law

Answer 2

income or social circumstances, family/friends, don’t believe punishment is enough of an incentive, didn’t. know behvaiour was against the law

Question 3

law

Answer 3

methods for ensuring the impartial treatment of people and outlines punishments for those who do not follow the agreed rules of conduct. → society as a whole has agreed to this law

Question 4

Rules

Answer 4

regulations or principles governing procedure or controlling conduct. They are a set of prescribed behaviours

Question 5

customs

Answer 5

collective habits or traditions that have developed in a society over a long period of time.

Question 6

values

Answer 6

principles, standards, qualities considered important to a society.

Question 7

ethics

Answer 7

rules or standards that are of value to an individual or profession.

Question 8

just laws

Answer 8

A just law is one that allows everyone to receive fair treatment and outcomes, and ensures that human rights are recognised and respected.

Question 9

features of just laws

Answer 9

must minimise delay, must not be retrospective, redress inequalities, must be known, is utilitarian, based on widely held values, equal

Question 10

Dietrich v The Queen 1992 HCA

Answer 10

right for legal assistance, right to fair trial, person charged with serious crime should have their trial stayed until they obtain legal representation

Question 11

international covenant on civil and politial rights

Answer 11

australia signed 1991, right to equality before the law and non discrimination

Question 12

procedural fairness/natural justice

Answer 12

Acting fairly in administrative decisions relating to the fairness of the procedure/process by which a decision is made and not the substantive fairness of that decision.

Question 13

requirements for procedural fairness

Answer 13

fair hearing rule (opportunity to be heard beofre a decision is made), rule against bias (decision maker can be imparital without prejudgement)

Question 14

rights of precedural fairness

Answer 14

participate in legal proceedings, know accusation, present evidnece, free from bias, test the evidence, not have previous convtions be brought up

Question 15

R v Skaf and another (2004) NSWCCA

Answer 15

miscarriage of justice from juror misconduct, where brothers appeals were successful

Question 16

rule of law

Answer 16

regardless of who you are the law will treat you equally, equality + transparency under law, independant judiciary, accessible legal remedy

Question 17

anarchy

Answer 17

the absence of laws to control and regulate the behaviour of member as a society
Features

Question 18

tyranny

Answer 18

rule by a single leader holding absolute power in a state