Basic Legal Concepts Flashcards
Define ‘sovereign power’
The body with the power to make laws
Differentiate between rule, law and custom
Rules apply to certain people at certain times;
Laws are universal and apply constantly and consistently;
Customs are ways of behaving established through long-standing traditions
How is law influenced by society’s values?
Law is a reflection of the values society holds thus, when a large portion of society holds a certain view, this will influence the legal system.
7 characteristics of just law?
- Equal
- Minimise delay
- Not be retrospective
- Be known
- Based on widely held values
- Aim to redress inequalities
- Utilitarian (greatest good for greatest amount of people)
Justice is a combination of?
Fairness, Equality, Access
6 principles of natural justice?
- Free from bias
- Right of person to participate in legal proceeding in which they have interest
- Right of accused to know accusation made against them
- Right of defendant to have hearing in where they are able to present evidence
- Right to test evidence presented (cross-examination)
- Right of accused to not have previous convictions/accusations brought up
Who is the defendant?
The person accused of wrongdoing
Who is plaintiff in criminal cases?
The state
Purpose of rule of law?
Rule of law eliminates the use of arbitrary (unrestrained) use of power
Differentiate anarchy and tyranny?
Anarchy is when there is no effective legal system or government whereas tyranny is when the state is under oppressive/cruel/arbitrary use of power (police state)
Differentiate values and ethics
Values are what society considers important and may be reflected in law;
Ethics are what society considers right and wrong
Explain the role of constitutional documents in maintaining rule of law
Constitutional documents set out how certain sectors of the government can operate and make laws therefore eliminating use of arbitrary power.
