Basic Legal Concepts Flashcards
What is the primary purpose of law?
To maintain order, protect individual rights, and promote justice.
True or False: Customs can become legally binding if they are widely accepted and practiced.
True
Fill in the blank: The system of rules that a particular country or community recognizes as regulating the actions of its members is known as _____.
law
What distinguishes law from mere customs?
Law is formally enacted and enforced by governmental authorities, while customs are traditional practices that may not have formal legal backing.
Multiple Choice: Which of the following is NOT a source of law? A) Statutes B) Customs C) Personal beliefs D) Judicial decisions
C) Personal beliefs
Define ‘ethics’ in the context of law.
Ethics refers to the moral principles that govern a person’s behavior or the conducting of an activity, influencing legal standards.
True or False: Values are universal and do not change over time.
False
What is the relationship between law and morality?
Law often reflects moral values, but not all laws are based on moral principles.
Fill in the blank: The concept of justice is primarily concerned with fairness and _____.
equity
Multiple Choice: Which of the following best describes procedural justice? A) Fair processes B) Fair outcomes C) Fair laws D) Fair enforcement
A) Fair processes
What role do customs play in the development of law?
Customs can influence the formation of laws and may become codified as legal standards over time.
True or False: Legal systems are the same across all countries.
False
What is meant by the term ‘rule of law’?
The principle that all individuals and institutions are accountable to the law that is fairly applied and enforced.
Fill in the blank: Laws are created by _____.
legislative bodies
Multiple Choice: Which of the following is an example of a legal consequence? A) Social ostracism B) Monetary fines C) Public opinion D) Moral judgment
B) Monetary fines
Define ‘justice’ in legal terms.
Justice refers to the administration of the law to ensure fairness and the protection of rights.
True or False: All ethical dilemmas have clear legal solutions.
False
What is the significance of legal ethics for lawyers?
Legal ethics guide lawyers in their conduct, ensuring professionalism and adherence to the law.
Fill in the blank: The concept of ____ is essential for the fair application of laws in society.
justice
Multiple Choice: Which concept emphasizes fairness in the law’s application? A) Legal positivism B) Natural law C) Distributive justice D) Retributive justice
C) Distributive justice
What is the role of ethics in shaping laws?
Ethics inform the creation of laws by reflecting societal values and moral standards.
True or False: Laws can be unjust.
True
What are ‘unwritten laws’?
Unwritten laws refer to customs and practices that are accepted as legal norms but are not formally codified.
Fill in the blank: The principle that individuals should be treated equally under the law is known as _____.
equality before the law
Multiple Choice: Which of the following is a characteristic of a just legal system? A) Arbitrary enforcement B) Transparency C) Discrimination D) Secrecy
B) Transparency
What is the difference between civil law and criminal law?
Civil law deals with disputes between individuals or organizations, while criminal law involves actions considered harmful to society.
True or False: Legal rights are the same as moral rights.
False
What does ‘due process’ ensure?
Due process ensures that legal proceedings are conducted fairly and that individuals’ rights are protected.
Fill in the blank: The application of laws must respect individual rights and promote _____.
justice
Multiple Choice: Which of the following is an aspect of restorative justice? A) Punishment B) Rehabilitation C) Revenge D) Isolation
B) Rehabilitation
Define ‘legal positivism’.
Legal positivism is a theory of law that asserts that laws are rules created by human beings and that there is no inherent connection between law and morality.
What is the principle of equality in law?
The principle that all individuals should be treated equally and without discrimination under the law.
True or False: Procedural fairness ensures that legal processes are conducted in a fair and unbiased manner.
True
Fill in the blank: The rule of law means that the law applies _____ to all individuals.
equally
What is procedural fairness?
A legal concept that ensures fair decision-making processes, including the right to be heard and the right to an unbiased decision-maker.
Multiple Choice: Which of the following is NOT a component of the rule of law? A) Accountability, B) Transparency, C) Anarchy, D) Equality
C) Anarchy
Define fairness in a legal context.
Fairness in law refers to the impartial and just treatment of individuals in legal proceedings.
True or False: Anarchy is a state where there is complete order and adherence to the law.
False
What is the relationship between access to justice and equality?
Access to justice is essential for achieving equality, as it ensures that all individuals can pursue legal remedies and protections.
Fill in the blank: Tyranny is characterized by the _____ of power and lack of individual freedoms.
abuse
Multiple Choice: Which term describes a government that operates without legal constraints? A) Democracy, B) Tyranny, C) Republic, D) Fairness
B) Tyranny
What does the term ‘access to justice’ refer to?
The ability of individuals to obtain legal representation and participate in legal processes.
True or False: The rule of law is essential for maintaining order in society.
True
What is the significance of equality before the law?
It ensures that everyone, regardless of status or background, is subject to the same legal standards and protections.
Fill in the blank: The absence of the rule of law often leads to _____ and instability.
anarchy
Multiple Choice: Which of the following best describes tyranny? A) Government by the people, B) Absolute power by a ruler, C) Equal rights for all, D) Fair legal processes
B) Absolute power by a ruler
What role does procedural fairness play in legal systems?
It ensures that decisions made by authorities are based on fair procedures, protecting individuals’ rights.
True or False: Fairness in legal proceedings is not necessary for achieving justice.
False
What is the impact of lack of access to justice?
It perpetuates inequality and prevents individuals from defending their rights and seeking remedies.
Fill in the blank: Fairness in law often requires _____ representation for all individuals.
adequate
Multiple Choice: Which of the following is a characteristic of a fair legal system? A) Arbitrary decisions, B) Equal treatment, C) Discrimination, D) Bias
B) Equal treatment
What does it mean for a government to uphold the rule of law?
It means that the government operates according to established laws that apply equally to all individuals.
True or False: Tyranny promotes fairness and equality.
False
What is the effect of procedural unfairness on legal outcomes?
It can lead to unjust outcomes and undermine trust in the legal system.
Fill in the blank: The principle of equality aims to eliminate _____ in legal treatment.
discrimination
Multiple Choice: Which concept ensures that individuals have the right to challenge legal decisions? A) Anarchy, B) Procedural fairness, C) Tyranny, D) Inequality
B) Procedural fairness
What is meant by the term ‘anarchy’ in a legal context?
A state of disorder due to the absence of effective legal governance.
True or False: The rule of law is a fundamental principle in democratic societies.
True
What is the importance of transparency in the rule of law?
It allows citizens to understand and challenge legal processes and decisions.