Basic Legal Concepts Flashcards
What is the meaning of law?
Law is a set of enforceable rules governing relationships between people and organizations in society.
What are key characteristics of laws?
- Binding nature
- Enforceability
- Official recognition
- Accessibility
- Relation to public interest
- Reflection of rights and duties
How do customs differ from laws?
Customs are established patterns of behavior that vary by culture and history, while laws are formal rules that apply to all society members.
What are rules in the context of laws?
Rules are prescribed directions made by groups affecting only their members.
What do values represent in a society?
Values are principles considered worthwhile within a society.
What is the relationship between ethics and law-making?
Law-makers attempt to incorporate ethical standards into legislation, though accommodating all ethical perspectives is challenging.
What characteristics define just laws?
- Allow fair treatment
- Respect human rights
- Consult people
- Carry out majority decisions
- Ensure minorities can present viewpoints
What is the nature of justice?
Justice involves fair and impartial treatment of all persons under the law.
What does equality mean in the context of justice?
All people receive the same treatment regarding opportunities and rights, with special protections for vulnerable groups.
Define fairness in relation to justice.
Fairness refers to freedom from bias, dishonesty, or injustice in everyday life.
What does access mean in the legal system?
Everyone should have equal access to the legal system, including awareness of laws and understanding of rights.
What is procedural fairness?
Procedural fairness ensures fairness in dispute resolution processes.
List key principles of procedural fairness.
- Right to be heard
- Right to an unbiased decision-maker
What does the rule of law state?
No one is above the law, including those who make it.
What is anarchy?
Anarchy is a state of chaos resulting from the absence of rules and laws.
How is tyranny defined?
Tyranny is rule by a single leader with absolute power, typically involving severe punishment for law infringements.
Provide modern examples of tyranny.
- North Korea
- Syria
- Formerly Iraq