Basic Legal Concepts

Question 1

What is law?

Answer 1

A set of official enforceable rules that the community must follow

Question 2

What is the role of the law?

Answer 2

to bring certainty an dorder in society and creates a fair wat to settle disagreements

Question 3

What is the social contract?

Answer 3

people obey the law as long as everyone else does

Question 4

What are values and ethics?

Answer 4

Considerations of what people believe as important is society

Question 5

What are values?

Answer 5

they relate to personal views. Are important in jusitce and legal systems. Every has their own values that link to their upbringing & community

Question 6

What are ethics?

Answer 6

The rules of conduct recognised in respect to various human behaviours.
More defined as R/W, good/bad.

Question 7

What laws do the majority of people obey?

Answer 7

Ethical laws.

Question 8

What does ethics deal with?

Answer 8

What is R/W. Involves a choice between values in many circumstances.

Question 9

What is the common basis for law creation?

Answer 9

Equality, fairness & rights. Eg, = pay for women, anti-discrimination laws, OH&S laws

Question 10

What are rules?

Answer 10

Statements concerning code of conduct, usually accepted but law not broken if not followed

Question 11

What are customs?

Answer 11

Rules about society’s past down habits & traditions

Question 12

What are laws?

Answer 12

Rules/customs adopted by Acts of Parliament that are clearly stated & carry penalties enforced by state

Question 13

What are the characteristics of just law?

Answer 13

¬ 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

Question 14

What must just law combine?

Answer 14

Fairness, =, access

Question 15

What does the nature of justice involve/need?

Answer 15

Access, equality, fairness

Question 16

What improves access (to justice)?

Answer 16

¬Better knowledge of L System & alternatives
¬Legal aid for poor
¬Alternative Dispute Resolutions
¬ Crime victims have some input in sentencing & parole

Question 17

What are some alternative dispute resolutions and their benefits?

Answer 17

Mediation
Tribunals
family court
Community and justice centres
They are all cheaper and faster than courts.

Question 18

In achieving justice, what is equality?

Answer 18

~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).

Question 19

What is ‘equality before the law’?

Answer 19

A fundamental rule of law

Question 20

In achieving justice, what is fairness?

Answer 20

~= not always equal justice,
~Diversionary programmes
~Acheiving higher level of fairness

Question 21

What is an example of equality that is not fair?

Answer 21

Millionare receiving same fine as poor person.

Question 22

How do you keep equality but create fairness?

Answer 22

By achieving higher level of fairness (eg, demerit points for driving offences)
Diversionary programmes for some drug offenders (eg, rehab).

Question 23

What is procedural fairness?

Answer 23

Act of giving fair & unbiased hearing in a court of law for a perosn accused of a crime.

Question 24

What are the rules of procedural fairness?

Answer 24

Hearing rule: person must have opportunity to state a case

Bias rule:case should be heard by unbiased person

Question 25

What is the rule of law?

Answer 25

all peoples & constitutions in a cationsate (incl. gov) governed by & subject to same law.

Question 26

What does the rule of law ensure?

Answer 26

that exercise of arbitrary power isn’t possible

Question 27

Where the rule of law operates what is gov. ultimate authority?

Answer 27

No, the law is.

Question 28

What is anarchy?

Answer 28

Lawlessness. Society with no publicly enforced gov.

Can also mean political disorder

Question 29

What is tyranny?

Answer 29

Opression. Ruler unrestrained by law or constitution, &/ one who has taken over legitimate sovereignity.

Question 30

Who are some famous tyrants?

Answer 30

Hitler, Pol Pot, Kim Jon Il, Joseph Stalin, the Batista, Maummar al Qaddafi.

Question 31

What allowed British not to acknowledge Aboriginal customary law?

Answer 31

Doctrine of terra nulius

Question 32

When did recieved british law arrive to aus?

Answer 32

With first fleet in 1788. Supplanted Aboriginal L. from then onwards.

Question 33

How did british operate in Aust during early colonial days?

Answer 33

Under military law system.

Question 34

When did Myall Creek Massacre occur and what happened?

Answer 34

1838 in northern NSW. 28 Aborginals massacred by stockmen. 7 men eventually hung with murder of a child of murdered group.

Question 35

What were smh editorials of MCM like?

Answer 35

Blatantley racist, showing similar views of wider society.

Question 36

What did the motion in 2000 do?

Answer 36

recognise significance of event, importance of revealing Australia’s true history and commended MCM reconciliation commitee.

Question 37

What was the MCM?

Answer 37

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.