basic legal concepts Flashcards

1
Q

what is the meaning of law?

A

set of rules imposed on all members of community that are officially recognised, binding, enforceable by persons or organisations such as police ad/or courts.

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2
Q

what are customs?

A

established patterns of behaviour among people in a society or group

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3
Q

what are rules?

A

principals governing procedure

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4
Q

what is law?

A

binding on whole community, enforceable, accessible, officially recognised

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5
Q

differences between law and rules

A
law:
-be obeyed by all citizens
-enforced by court
-made by law making bodies
-breaking law can lead to prescribed sanctions imposed by all courts 
rules:
-be obeyed by specific individuals or groups
-made by individuals/ groups
-enforced by leaders
-sanctions decided by leader
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6
Q

what are values?

A

qualities considered worthwhile within society

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7
Q

what are ethics?

A

standards influencing behaviour of a person or members of profession

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8
Q

characteristics of ‘just laws’

A

everyone receives fair treatment and outcomes, ensures human rights are recognised and respected

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9
Q

nature of justice

A

all citizens have equal access to the law. law provides equality, fairness and justice to all members of society

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10
Q

what is equality?

A

state of being equal: having the same rights or status

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11
Q

what is fairness?

A

freedom from bias, dishonesty or injustice

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12
Q

what is access?

A

all people must have same level of access to institutions and agencies of law

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13
Q

what are some qualities that effect ones accessibility to law?

A
  • income
  • education
  • english language skills
  • ATSI
  • women
  • disabled
  • institutionalised
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14
Q

what is procedural fairness?

A

fairness in resolving disputes. right to know the case against you and to be able to present your case free from bias

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15
Q

what is natural justice?

A

everyone treated fairly in legal situations

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16
Q

what are the 2 main principals of natural justice?

A
  • right to be heard -> fair hearing

- right to have decision made by unbiased decision maker

17
Q

what is the rule of law?

A

nobody is above the law

18
Q

what is anarchy?

A

absence of government or laws

19
Q

what is tyranny?

A

ruled by a single leader holding absolute power