Chapter 1: Basic Legal Concepts

Question 1

What are the functions of law?

Answer 1

• to reflect and protect fundamental beliefs of the community
• all behaviour is lawful unless prohibited by law
• establish and maintain social cohesion
• facilitate social progress within a diverse society

Question 2

What are laws made by parliament called?

Answer 2

Statue laws

Question 3

What are laws made by judges called?

Answer 3

Common law

Question 4

Who does the law apply to?

Answer 4

• Everyone, no one is above the law

- those who breach laws face sanctions such as fines, prison or community service

Question 5

What is it called when parliament allows other bodies (such as the states) to make laws?

Answer 5

Delegated legislation

Question 6

Why is social progress important?

Answer 6

• hope for future is a powerful force for good
• individuals have the ability to pursue own dreams and aspirations
• despair= rebellion and destruction

Question 7

How do we achieve social cohesion?

Answer 7

1. Laws must be able to protect and preserve societal values and human rights
2. Laws set acceptable standard of behaviour and prescribe the legal consequences for breaching them
3. Laws create institutions of government to make laws and enforce them and got adjudicating bodies to bring about just outcomes to legal disputes that may arise
4. Changing laws in an evolving society

Question 8

What are the rights of society that laws protect?

Answer 8

• political=right to vote
• moral=right to personal privacy
• social=marry the person of your choice
• economic=buy and sell property
• religious=freedom of religion

Question 9

What are customs?

Answer 9

• ways of behaving established through longstanding traditions
• not written down, past down
• enforced by social pressure rather than legal process
• Failure to abide = ridicule/exclusion

Question 10

What are rules?

Answer 10

• established to ensure smooth operation of society
• apply only to certain people at certain times
• recorded in written form or symbols eg. No smoking signs
• more enforceable than customs
• penalties include fines

Question 11

What are values?

Answer 11

• reflection of things considered important in society, often reflected in law
• will influence the legal system if a large portion of society holds a particular view
• opinions may be strongly divided in certain issues which make law reform challenging

Question 12

What are ethics?

Answer 12

• what society considers to be right and wrong

Question 13

What are the characteristic of just laws?

Answer 13

1. It is equal and treats everyone the same, outcome is not necessarily equal
2. Based on widely held value by most of society
3. It is utilitarian, action achieved the greatest good for the greatest number of people
4. Aims to redress inequalities
5. Minimise delay, resolve disputes ASAP
6. Must not be retrospective
7. Must be known before they can be enforced

Question 14

What is justice?

Answer 14

• a combination of equality, fairness and access
• equality= laws do not discriminate, apply to all equally
• fairness= laws don’t have a particularly harsh effect on an individual, may be lost due to equality
• access= individuals must be able to access the law, information, assistance and understanding

Question 15

How can the effectiveness of the legal system be measured?

Answer 15

• resource efficiency
• accessibility
• enforceability
• responsiveness
• protection of individual rights
• meeting society’s needs
• application of the rule of law
• has justice been achieved?

Question 16

What is the purpose of having rules?

Answer 16

• to have order
• so people all have roles and responsibilities
• to work together for survival
• leader to ensure fairness and equality
• enforce rules and have consequences for breaking them
• keep society operating
• clear communication to everyone

Question 17

What is procedural fairness aka natural justice?

Answer 17

• fair treatment before the law
• right of a person to participate in legal proceedings
• right of defendant to know accusation and prepare defence
• right of defendant to have a hearing where evidence can be presented
• right to have trial free from bias
• personal views must be put aside and use only evidence from case
• right to test evidence presented (cross examination)
• right of accused to not have previous criminal activity brought up in trial

Question 18

What is the rule of law?

Answer 18

• key principle in democratic legal systems
• use of arbitrary power eliminated
• constitutions outline powers of governments
• laws must be known and application certain
• independent judiciary, not influenced by parliament
• controls placed on enforcement agencies (police) so power is not abused
• accused should not be forced to incriminate themselves
• legal defence for accused free to operate
• accused must be informed of allegations made against them
• criminal laws never retrospective
• governments bound by constitution
• human rights, particularly relating to freedom of association, speech and religion, are protected

Question 19

What is anarchy?

Answer 19

• when a society is left without an effective legal system
• common after times of war or natural disaster
• some obey laws for fear of consequences, when fear is removed, anarchy ensues

Question 20

What is tyranny?

Answer 20

• occurs when there is no check on the power of lawmakers and enforcers
• one person holds absolute power over the citizens in their country
• no rule of law
• power is taken rather than given by the people
• law enforcers act without fear of consequences
• no separation of powers, justice impossible

Question 21

What is a country where tyranny exists called?

Answer 21

A police state

Question 22

What is accessibility?

Answer 22

• opportunity a person has to use the legal system

- determined by cost (affordability), time and knowledge (understanding)

Question 23

Why is enforceability important?

Answer 23

• a law is less effective if people cannot be forced to obey it
• if a law is difficult to enforce or many people do not obey it, it fails

Question 24

What is responsiveness?

Answer 24

• refers to capacity of the law to respond to changes in society
• changing demographics means laws need to be constantly reformed and updated to stay relevant

Question 25

Why do people obey the law?

Answer 25

• it makes them feel safe and secure
• laws are based on the customs and values of society
• penalties apply to those who fail to obey the law