Basic Legal Concepts Flashcards
Why do people obey the law
fear of punishment, stigma of having a conviction, occupation requirements, know behaviour is against the law
Why people don’t obey the law
income or social circumstances, family/friends, don’t believe punishment is enough of an incentive, didn’t. know behvaiour was against the law
law
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
Rules
regulations or principles governing procedure or controlling conduct. They are a set of prescribed behaviours
customs
collective habits or traditions that have developed in a society over a long period of time.
values
principles, standards, qualities considered important to a society.
ethics
rules or standards that are of value to an individual or profession.
just laws
A just law is one that allows everyone to receive fair treatment and outcomes, and ensures that human rights are recognised and respected.
features of just laws
must minimise delay, must not be retrospective, redress inequalities, must be known, is utilitarian, based on widely held values, equal
Dietrich v The Queen 1992 HCA
right for legal assistance, right to fair trial, person charged with serious crime should have their trial stayed until they obtain legal representation
international covenant on civil and politial rights
australia signed 1991, right to equality before the law and non discrimination
procedural fairness/natural justice
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.
requirements for procedural fairness
fair hearing rule (opportunity to be heard beofre a decision is made), rule against bias (decision maker can be imparital without prejudgement)
rights of precedural fairness
participate in legal proceedings, know accusation, present evidnece, free from bias, test the evidence, not have previous convtions be brought up
R v Skaf and another (2004) NSWCCA
miscarriage of justice from juror misconduct, where brothers appeals were successful