Basic Legal Concepts Flashcards
What is the definition of a law?
a set of rules imposed on all members of a community that are officially recognised, binding and enforceable by persons or organisations such as the police and/or courts.
What is a value?
principles, standards or qualities considered worthwhile or desirable within society.
What is a rule?
regulations or principles governing procedure or controlling conduct.
What is a custom?
collective habits or traditions that have developed in a society over a long period of time
what is customary law?
principles and procedures that have developed through general usage according to the customs of a people or nation, or groups of nations, and are treated as obligatory.
What are the six characteristics of laws?
1) laws are binding on the whole community.
2) Laws can be enforced.
3) Laws are officially recognised.
4) Laws are accessible.
5) Laws relate to public interest.
6) Law. reflect rights and duties.
What is an ethic?
rules or standards directing the behaviour of a person or the members of a profession.
What is justice?
refers to the legal principle of upholding generally accepted rights and enforcing responsibilities, ensuring that equal outcomes are achieved for those involved.
What is a legal system?
the interpretation and enforcement of laws by a country’s system of courts.
What are the three characteristics of a just law?
Fairness, equality and access
What is equality?
all people in a society are treated in the same way with respect to political, social and civil rights, and opportunities, and that no-one enjoys advantages or suffers unfair disadvantages.
What is fairness?
Freedom from bias, dishonesty or injustice; a concept commonly related to everyday activities.
What is access?
The ability to obtain or make use of something.
What is procedural fairness?
The body of principles used to ensure the fairness and justice of the decision-making procedures of courts: in Australia, it generally refers to the right to know the case against you and to present your case, the right to freedom from bias by decision-makers and the right to a decision based on relevant evidence.
What are the two main principles of natural justice?
1) the right to be heard.
2) the right to have a decision made by an unbiased decision-maker.
