basic legal concepts Flashcards
what is the meaning of law?
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.
what are customs?
established patterns of behaviour among people in a society or group
what are rules?
principals governing procedure
what is law?
binding on whole community, enforceable, accessible, officially recognised
differences between law and rules
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
what are values?
qualities considered worthwhile within society
what are ethics?
standards influencing behaviour of a person or members of profession
characteristics of ‘just laws’
everyone receives fair treatment and outcomes, ensures human rights are recognised and respected
nature of justice
all citizens have equal access to the law. law provides equality, fairness and justice to all members of society
what is equality?
state of being equal: having the same rights or status
what is fairness?
freedom from bias, dishonesty or injustice
what is access?
all people must have same level of access to institutions and agencies of law
what are some qualities that effect ones accessibility to law?
- income
- education
- english language skills
- ATSI
- women
- disabled
- institutionalised
what is procedural fairness?
fairness in resolving disputes. right to know the case against you and to be able to present your case free from bias
what is natural justice?
everyone treated fairly in legal situations