Basic legal concepts Flashcards
Does the law always result in equal outcomes for everyone?
No, the law does not necessarily guarantee equal outcomes, even though it is intended to be equally binding on all
What is the law?
The law is a set of officially recognized rules that are equally binding on all members of society.
Who enforces the law?
The law is enforced by official bodies such as the police, courts, and government institutions.
Can the law deprive individuals of their human rights?
Yes, if a person does not obey the law, it can result in the deprivation of their human rights or freedoms, such as freedom of movement or freedom of speech.
Is the law accessible or discoverable by everyone?
Yes, the law is discoverable and accessible, meaning everyone can find out about the law and understand it
What is the relationship between law and public interest?
The law is designed to relate to the public interest and seek to achieve the greatest good for the greatest number of people.
What does the principle of equality in just laws mean?
Equality means that all individuals are entitled to the same rights, protections, and treatment under the law, without unjust discrimination based on race, gender, religion, or other characteristics.
What is fairness in just laws?
treating everyone impartially and consistently, ensuring just outcomes.
What are the key characteristics of just laws?
- Equal treatment
- Reflect community values
- Promote the greatest good
- Address inequality
- Apply only to future acts
What is doli incapax?
Children under the age of 10 a incapable of committing a crime
Why is doli incapax important?
It protects children from criminal responsibility due to lack of understanding.
what are the three key characteristics of just laws
Equality
all individuals are entitled to the same rights, protections, and treatment under the law, unjust discrimination based on characteristics like race, gender, or religion.
Fairness
treating all parties justly and impartially, ensuring that legal processes are transparent, unbiased, and equitable. Applying laws consistently while considering individual circumstances, ensuring that no one is unfairly advantaged or disadvantaged. Fairness aims to achieve just outcomes.
Access
Ability of individuals to obtain and engage with the legal system, including the right to legal representation, information, and a fair hearing. It ensures that all people, regardless of their background or resources, can effectively exercise their legal rights and seek justice.
What is the principle of fairness in decision-making?
Justice must not only be done but must also be seen to be done.
What does procedural fairness mean?
Fairness in the process of resolving disputes, also known as natural justice.
What are the two main principles of natural justice?
- The right of the accused to know the case against them and present their own case.
- The right to have an unbiased decision-maker who bases their decision on relevant evidence.
Can the appearance of bias breach procedural fairness?
Yes, even the appearance of bias is enough to breach procedural fairness.
What is the fundamental principle of the Rule of Law?
Everyone is subject to the same laws, and no one is above the law, including lawmakers and enforcers.
What does equity before the law mean?
All people are treated equally under the law, regardless of status or position.
How should those with power under the Rule of Law exercise it
Powers must be exercised fairly, in good faith, and for their intended purpose, without arbitrary, biased, or excessive use.
What does legal certainty and predictability refer to?
Laws should be clear and applied consistently, allowing people to predict legal outcomes.
How is the government bound in the Rule of Law?
The government is bound by a constitution or formal rules, ensuring the limits of its power.
What is procedural fairness (due process)?
Legal processes must be fair, transparent, and follow established procedures.
What is anarchy?
A situation with no government or laws to control people’s actions; absence of the rule of law.
What happens in a situation of anarchy?
The government cannot enforce laws or maintain fairness in legal processes.
