Chapter 1

Question 1

What are Laws?

Answer 1

A set of enforceable rules of conduct which set down guidelines for relationships

Question 2

What are Customs?

Answer 2

Customs are established patterns of behaviour among people and organisations in a society

Question 3

What are Rules?

Answer 3

Rules refer to prescribed directions for conduct in certain situations

Question 4

What are the differences between Rules and Laws?

Answer 4

1. Laws are binding on the whole community
2. Laws can be enforced- there are serious penalties for breaching them
3. Laws are officially recognised.
4. Laws are accessible or discoverable-you can easily find out if a law applies to a situation
5. Laws relate to the ‘public interest’
6. Laws reflect rights and duties

Question 5

Do customs ever become laws?

Answer 5

Overtime customs may become law

Question 6

What are Ethics?

Answer 6

Moral principles that govern a person’s behaviour or the conducting of an activity

Question 7

What are the features of Just Laws?

Answer 7

• Equal, applied fairly, does not mean result will necessarily be equal as punishment can affect others differently
• Based on widely held values
• Address inequality
• Minimise delay, major criticism- trials take years
• Not to be retrospective, for future
• Must be known before enforced, publicized

Question 8

What is the nature of justice?

Answer 8

Equality, fairness, and access

Question 9

What does equality mean?

Answer 9

• Non-discriminatory
• Applied Equally
• Equal Enforcement

Question 10

What does fairness mean?

Answer 10

• Ensuring that it doesn’t have harsh effects
• Right to appeal
• Some argue that in bid for fairness, equality has been lost

Question 11

What does Access mean?

Answer 11

• Ability to access the law

* Access to legal information and assistance, and understand law

Question 12

How does Legal Aid result in some people self-representing, and how does this inhibit fair trial?

Answer 12

Legal Aid representation requires fulfillment of strict criteria in Australia, meaning that some self-represent with limited legal knowledge and training, thus inhibiting fair trial.

Question 13

What is Natural Justice/Procedural Fairness?

Answer 13

RIGHT… to participate in legal proceedings
RIGHT… of accusation to be known
RIGHT… to hearing
RIGHT… to an impartial court
RIGHT… to test present evidence, ‘cross examination’
RIGHT… to not have previous criminal convictions brought up, ensuring evidence relating to current case is used to make decision

Question 14

What is Anarchy?

Answer 14

When society is left without effective legal system and enforcement inoperable, constituents acts arbitrarily, usually after war or natural disaster.

Question 15

What is Tyranny?

Answer 15

• No Limit on power of law enforcement
• No rule of law as constitution is not present or disregarded
• ‘Police States’
• No distinction between law makers, enforcers and courts, all are same organisation,therefore justice is impossible