Basic Legal Concepts Flashcards
What is the law?
A set of enforceable rules of conduct developed by a sovereign power
The law sets down guidelines for relationships between people and organizations in a society.
What does the Social Contract theory imply about law?
A trade-off where individuals gain protection but lose some freedoms
This theory explains the origin of law.
What are Customs in the context of law?
Established patterns of behaviour within a society that can evolve into laws
These are known as Customary Laws.
Define Values in a societal context.
Things that society deems important
What are Ethics in relation to society?
Things society deems right or wrong
List the characteristics of a Just Law.
- Binding on the entire community
- Enforceable with penalties
- Official recognition by governments and courts
- Accessibility for individuals
- Reflects societal values, rights, and duties
What does Justice involve?
Fair and impartial treatment of all persons
What is meant by Equality in the context of justice?
Justice is achieved when laws don’t discriminate and apply equally to all people
Define Fairness in relation to justice.
Equal outcomes for all individuals and groups in society
What does Access refer to in the context of justice?
Everyone needs access to legal information and assistance to understand the law
What is Procedural fairness?
Fairness in the processes that resolve disputes
A key aspect includes transparency.
What are the 3 Main Principles of Procedural Fairness?
- The right to be heard
- Impartial decision making free from bias
- Decisions based on fact and reasoning
Define Natural justice.
The principle that everyone should be treated fairly in legal situations
What is the Rule of Law?
The principle that no one is above the law
Laws must be obeyed equally by all members of the community.
What is Anarchy?
The breakdown of law and order, resulting in lawless and widespread criminal activity
Define Tyranny.
Oppressive government rule characterized by the cruel, unreasonable, or arbitrary use of power or control
