Basic Legal Concepts Flashcards
Define the law and its characteristics.
The law is a Set of legal enforced rules which are imposed on all members of a community. Laws are : - Officially recognised
- enforced by courts
- reflecting the rights and obligations of people in the community
- punishments and sanctions
- providing remedies to those who have been wrongs
- preventing vigilantes from seeking vengeance.
What are customs and 2 examples of them?
Customs are patterns of behavior of traditional ways of behaving amongst people in a society or group. Customs develop over time and are NOT enforceable by the law.
E.g : Taking shoes off before entering a house and giving gifts for birthdays.
Define rules and provide 2 examples of them.
Rules are a set of guidelines made by individuals or a group to maintain conduct in situations. Rules : Are specific to a place or situation, can exist at school, work, home, sports, etc. enforced through decided on penalties.
Eg : fouling in soccer means being red carded by the referee.
Eg : Not eating / drinking in a clothing store
What are values?
Values are beliefs of a person or group regarding the importance of different things.
What are ethics
Ethics are what we consider to be the right and wrong way to behave
What are the characteristics of just laws?
Enforceable, acceptable and discoverable
What is the nature of justice?
Justice involves the fair and impartial treatment of all people under the law. It is the role of the legal system to achieve justice for all people in society.
To ensure justice is achieved what is needed? Provide definitions.
EQUALITY : Equality is everyone being treated the same, equal treatment and equal opportunity.
FAIRNESS : Fairness is that the legal system is free from bias, dishonesty, or injustice.
ACCESS : Access is the right or opportunity to make use of the legal system.
What is procedural fairness?
Procedural fairness refers to all the rules that must be followed in order for justice to be achieved.
What are the features of a fair and just process?
The main features of a fair and just process are : The right to be heard and the right to have a decision made by an unbiased decision maker.
What is the rule of law? Why do people obey the law?
The rule of law states that no one is above the law - everyone within society is treated equally, including those who make and enforce the laws ( police, parliament, courts )
People obey the law because it makes them feel safe and secure, laws are based on the customs of society, penalties apply to those who do not obey.
What is anarchy?
Anarchy is the absence of laws and government. A state of anarchy may sometimes break out after major disasters such as wars.
What is tyranny?
Tyranny is where 1 person holds absolute power over the citizens in their country ( called the Tyrant ). An example of a tyrant is Saddam Hussain.
