Basic legal concepts Flashcards
What are customs, rules and laws
Custom: Ways of behaviour established through long standing traditions expected in society. Enforced by social pressures e.g. media, peers or family. Passed down from generation to generation.
Rule: only apply to certain people at certain times that are created by a group or organisation to maintain order and set standards within the group. Enforced by a person with authority within a group e.g. umpire.
Law: Applies to everyone at all times enforced by the police and courts. Common law made by the courts and judges while statute law is made by the parliament
What are just laws (characteristics)
- It is equal- treats everyone the same, meaning no one is above the law e.g. politicians and famous people
- Based on widely held values of society. E.g. morally wrong to murder
- It is utilitarian- made for the benefit for all of society.
- Aims to address inequalities and not create them
- A just legal system minimises delay, “Justice delayed is justice denied.”
- Not retrospective- should be certain and predictable
- Must be able to be known by the people
What is the nature of justice (fairness, access, equality)
Fair- Procedural fairness, natural justice
Access- Affordability, financial barriers, location, language
Equal- All equal under the law, same for all people in society
What is the ‘rule of law’
Everyone must obey the law, and no one is above the law
What is anarchy and tyranny
Anarchy:
A state of disorder due to absence or non-recognition of authority or other controlling systems.
Tyranny:
Cruel and oppressive government or rule.
What are values and ethics
Values: are personal and social attitudes regarding a variety of issues
Ethics: things that society considers to be right or wrong
what is procedural fairness
➔ the right to be heard and to know the case against you
➔ the right to a hearing free from bias
➔ the right to a trial based on sound and legally obtained evidence
➔ the right to appeal the decision up to a certain point
