Basic Legal Concepts Flashcards
Define Law
Set of rules imposed on all members of society that are officially recognised, binding & enforceable by persons/organisations eg. police/courts
Distinguish between customs, rules, laws, values and ethics:
Customs:
- Traditions or habits created over time
- Vary depending on culture, religion ect.
- Usually Static
- Passed through generations
Laws:
- A system of rules officially in a country or state
- Enforced by the state
- Binding on the whole community
- May be changed by referendums
- Officially recognised
Rules:
- Prescribed direction for behaviour in situations
- Not enforceable by the state
- Can be changed quickly with values
- Informally documented
Similarities between customs, laws and rules:
Made in public interest, rights and duties.
What is a Custom?
collective habits/trad. that have developed in a society over a long time: → creates patterns of behaviour, vary depending on; culture, religion and history, over time may become laws.
What is a rule?
regulations/principles for governing procedure/controlling conduct → prescribed directions for conduct situations, only affects a certain group, not enforced by the state, can be changed quickly
What are laws
Set of rules imposed on all members of a community that are officially recognised, binding and enforceable by persons or organisations such as police and courts → Binding on whole community, enforceable, officially recognised, accessible, made in public interest, rights and duties.
What are values?
Principles, standards or qualities considered worthwhile or desirable within a society.
What are ethics
The moral principles that govern a person’s behaviour
Differences between values and ethics:
Values:
- Differ from person to person
- What an individual holds most important
Ethics:
- Usually uniform
- Moral principles distinguishing rights and wrongs
Similarity between values and ethics
Impacted by people, culture, family and religion
What defines a just law?
C → Current: Not retrospective, provide for + regulate future acts
A → Accepted: Align with societies current values and ethics
K → Known: Accessible and known
E → Enforceable: Courts + police
S → Same: No one is above the law
What are the aspects of justice?
Equality: The law is applied equally and fairly - no one is above the law,
Fairness: The law is applied impartially without bias, discrimination or prejudice.
Access: The law should be financially, physically and psychological accessible for everyone (right info, legal problems, what to do, lawyer, understand law)
What is procedural Fairness?
Procedural fairness’ means acting fairly in administrative decision making.
What are the three rules of procedural fairness?
Bias Rule: The decision-maker must give a person the opportunity to be heard before they make a decision.
Accused notice that they will be impacted by a decision by the courts
Understanding critical issues of the hearing and any information that is credible, relevant and significant
Conducting a substantive hearing where the accused is given an opportunity to present their case.
Sometimes legal representation is needed during a case.
Fair Hearing Rule: The decision maker cannot be biassed → ensures impartial + objective decision.
Evidence Rule: Evidence needs to be relevant, accurate and reliable
What is the rule of law?
All people are equal before the law + the power of those in authoritative positions is governed by the law. → Everyone is subject to the same laws.
What is the separation of powers?
- Judiciary → Power to make judgments from the law (Courts)
- Executive → Power to put the law into action
- Parliament → Power to make and change the law.
Define anarchy and tyranny?
Anarchy: The absence of rules, or lack of respect for authority in society. → abuse of power imposing cruel and arbitrary rules within society leading to oppression
Tyranny: A single government or individual having power over a country → anarchy results in chaos and mayhem as the lack of respect for or presence of laws results in unwanted and unsolicited behaviour.
What is Doli Incapax?
The presumption that a child under 10 can not be held legally responsible for their actions and cannot be guilty of a civil or criminal offence.
What is Rebuttable Doli Incapax?
Presumption of innocence for 10-14 yr olds that can be rebutted by the prosecution depending on severity of the crime.
