Basic Legal Concepts Flashcards
What is law?
A set of official enforceable rules that the community must follow
What is the role of the law?
to bring certainty an dorder in society and creates a fair wat to settle disagreements
What is the social contract?
people obey the law as long as everyone else does
What are values and ethics?
Considerations of what people believe as important is society
What are values?
they relate to personal views. Are important in jusitce and legal systems. Every has their own values that link to their upbringing & community
What are ethics?
The rules of conduct recognised in respect to various human behaviours.
More defined as R/W, good/bad.
What laws do the majority of people obey?
Ethical laws.
What does ethics deal with?
What is R/W. Involves a choice between values in many circumstances.
What is the common basis for law creation?
Equality, fairness & rights. Eg, = pay for women, anti-discrimination laws, OH&S laws
What are rules?
Statements concerning code of conduct, usually accepted but law not broken if not followed
What are customs?
Rules about society’s past down habits & traditions
What are laws?
Rules/customs adopted by Acts of Parliament that are clearly stated & carry penalties enforced by state
What are the characteristics of just law?
¬ based on dominant religion’s precepts
¬treat everyone =
¬ must be consulted with relevant interest groups
¬ is utilitarian (good for majority of people)
¬ Allows for individual circumstances
¬Is swift
What must just law combine?
Fairness, =, access
What does the nature of justice involve/need?
Access, equality, fairness
What improves access (to justice)?
¬Better knowledge of L System & alternatives
¬Legal aid for poor
¬Alternative Dispute Resolutions
¬ Crime victims have some input in sentencing & parole
What are some alternative dispute resolutions and their benefits?
Mediation Tribunals family court Community and justice centres They are all cheaper and faster than courts.
In achieving justice, what is equality?
~Everyone faces same process and same penalties
~If case or a law is to get outcome of equality, some allowances may be needed, (eg, affirmative action for women in promotional positions to overcome glass cieling).
What is ‘equality before the law’?
A fundamental rule of law
In achieving justice, what is fairness?
~= not always equal justice,
~Diversionary programmes
~Acheiving higher level of fairness
What is an example of equality that is not fair?
Millionare receiving same fine as poor person.
How do you keep equality but create fairness?
By achieving higher level of fairness (eg, demerit points for driving offences)
Diversionary programmes for some drug offenders (eg, rehab).
What is procedural fairness?
Act of giving fair & unbiased hearing in a court of law for a perosn accused of a crime.
What are the rules of procedural fairness?
Hearing rule: person must have opportunity to state a case
Bias rule:case should be heard by unbiased person
What is the rule of law?
all peoples & constitutions in a cationsate (incl. gov) governed by & subject to same law.
What does the rule of law ensure?
that exercise of arbitrary power isn’t possible
Where the rule of law operates what is gov. ultimate authority?
No, the law is.
What is anarchy?
Lawlessness. Society with no publicly enforced gov.
Can also mean political disorder
What is tyranny?
Opression. Ruler unrestrained by law or constitution, &/ one who has taken over legitimate sovereignity.
Who are some famous tyrants?
Hitler, Pol Pot, Kim Jon Il, Joseph Stalin, the Batista, Maummar al Qaddafi.
What allowed British not to acknowledge Aboriginal customary law?
Doctrine of terra nulius
When did recieved british law arrive to aus?
With first fleet in 1788. Supplanted Aboriginal L. from then onwards.
How did british operate in Aust during early colonial days?
Under military law system.
When did Myall Creek Massacre occur and what happened?
1838 in northern NSW. 28 Aborginals massacred by stockmen. 7 men eventually hung with murder of a child of murdered group.
What were smh editorials of MCM like?
Blatantley racist, showing similar views of wider society.
What did the motion in 2000 do?
recognise significance of event, importance of revealing Australia’s true history and commended MCM reconciliation commitee.
What was the MCM?
A turning point in Aust’s history. Showed the worst part of our history but signified the 1st time that true justice was done for aboriginal people, with white men hung for 1st time for crimes against the indigenous.
