Basic Legal Concepts Flashcards
Define law
law is a set of enforceable rules which set guidelines for the relationships between society and organizations. law provides a framework for society, helping it run smoothly
Distinguish between customs, rules, laws, values and ethics
There are many distinguishing features between customs, rules, laws, values and ethics such as their enforceability and reasoning for being present.
Customs
Customs are widely held values in society and are not binding. Customs are a type of behavior which a society has adapted over time and can be somewhat enforced however have no sanction.
Rules
Rules are codes of discipline which a society adapts like school rules and can be enforced and can possibly have sanctions.
Laws
Laws are rules which are binding to the whole community and are enforceable. Laws are also officially recognized and have sanctions.
Values
Values are the things which society deems to be important which are often reflected in the law.
Ethics
ethics are what society deems to be right and wrong in a society
Characteristics of just laws
- applied equally
- based on widely held values
- utilitarian (greatest good for the largest amount of people )
- aims to reduce inequality
- minimizes delay
- not retrospective ( in place from that day on )
- it is known
Nature of justice
- justice is blind ( lady justice wears a blindfold )
- justice is equal on each half ( scale)
- involves punishment ( sword )
Define and investigate procedural fairness
Procedural fairness relates to the fair procedure of the decisions made in law and the ability to have a fair trial and fair sentencing.
For example, this involves the ability for the defendant to know the accused wrongdoings, have a hearing, not have any bias brought into their court hearing, test evidence and have no previous matters brought up in the dry.
Define and investigate the rule of law
Rule of law is the idea that no one is above the law and that everyone must obey it. This includes everyone in a society even the government, therefore, all people can be held accountable to the law by their actions.
Anarchy
The state of society where it is freely constituted without authority or a governing body
Tyranny
Cruel and oppressive government or rule
Outline the origin of common law
Common law originated in England. It was often referred to as “English Common Law” and when Australia was colonized, it adopted common law ADVERSARIAL system.
- Common law is made by judges according to the doctrine of precedent.
- Common law refers to the legal system first developed in England. It was referred to as “English common law” and it adapted the adversarial legal system when it was colonized by the British.
- Australia’s system of Common Law is heavily based of Britain’s system of precedent
- Binding precedent; lower courts must follow decisions of higher courts
- Persuasive precedent; higher courts may follow decisions of lower courts
- Courts have to follow ratio decidendi
- Equity was created so people can make decisions based on conscience not principles
- Australia follows the adversarial system ( two parties arguing a case with an impartial judge) as opposed to inquisitorial(the judge questioning people)
Inquisitorial system
When the judge asks questions to the people apart of the case
