Chapter 1: The fundamental principles of law

Question 1

The first concept incorporated into the more general concept of rule of law is that justice is defined as what?

Answer 1

The first concept incorporated into the more general concept of rule of law is that justice is defined as a:
1. Behaviour
Or,
2. Treatment
that is morally right and fair

Question 2

The second concept incorporated into the more general concept of rule of law is that fairness relates to what?

Answer 2

The second concept incorporated into the more general concept of rule of law is that fairness relates to treating people:
1. Equally
2. Appropriately
according to the circumstances

Question 3

The third concept incorporated into the more general concept of rule of law is that within our legal system it is assumed that a person who is brought before a court is what?

Answer 3

The third concept incorporated into the more general concept of rule of law is that within our legal system it is assumed that a person who is brought before a court is presumed innocent

Question 4

The fourth concept incorporated into the more general concept of rule of law is that equality before the law is about what?

Answer 4

The fourth concept incorporated into the more general concept of rule of law is that equality before the law is about the law treating every person equally

Question 5

Rule of law

Answer 5

Rule of law is a doctrine whereby every person, no matter who they are:

1. Is subject to the law
2. Should be treated equally

Question 6

The 5 principles the concept of rule of law incorporates

Answer 6

The 5 principles the concept of rule of law incorporates are:

1. The idea of legal certainty
2. That laws are properly enacted and clear in their purpose
3. That there is equality and fairness
4. That laws cannot be retrospective
5. That there is due legal process

Question 7

The role of the citizen in our legal system is that many trials are determined by what?

Answer 7

The role of the citizen in our legal system is that many trials are determined by the decision of a jury made up of randomly selected citizens

Question 8

The elements required for a successful legal system

Answer 8

The elements required for a successful legal system are:

1. Laws
2. Police
3. The courts and punishments

Question 9

Why are laws required for a successful legal system?

Answer 9

Laws are required for a successful legal system, because laws are made which apply to everyone

Question 10

Why are the police required for a successful legal system?

Answer 10

The police are required for a successful legal system, because they are expected to:

1. Enforce the law
2. Apprehend those suspected of breaking the law

Question 11

Why are the courts and punishments required for a successful legal system?

Answer 11

The:
1. Courts
2. Punishments
are required for a successful legal system, because those accused appear before a court

Question 12

If there were no courts, there would be no what?

Answer 12

If there were no courts, there would be no element of punishment

Question 13

If there were no police, it is unlikely that what?

Answer 13

If there were no police, it is unlikely that offenders would be brought to court

Question 14

If there were no laws

Answer 14

If there were no laws, the:

1. Police could arrest anybody for any offence
2. Courts could hand out any punishment they liked

Question 15

The first concept incorporated into the more general concept of rule of law is that justice is defined as a behaviour, or treatment that is morally right and fair.
At times there are differences of opinion between countries about what?

Answer 15

At times there are differences of opinion between countries about what justice is

Question 16

The second concept incorporated into the more general concept of rule of law is that fairness relates to treating people equally and appropriately according to the circumstances.
2 people from differing circumstances who each commit the same offence for the first time should not be what?

Answer 16

2 people from differing circumstances who each commit the same offence for the first time should not be dealt with differently

Question 17

The third concept incorporated into the more general concept of rule of law is that within our legal system it is assumed that a person who is brought before a court is presumed innocent and it is up to the state to prove what?

Answer 17

The third concept incorporated into the more general concept of rule of law is that:

1. Within our legal system it is assumed that a person who is brought before a court is presumed innocent
2. It is up to the state to prove their guilt beyond reasonable doubt

Question 18

The third concept incorporated into the more general concept of rule of law is that within our legal system it is assumed that a person who is brought before a court is presumed innocent and it is up to the state to prove their guilt beyond reasonable doubt, rather than what?

Answer 18

The third concept incorporated into the more general concept of rule of law is that:

1. Within our legal system it is assumed that a person who is brought before a court is presumed innocent
2. It is up to the state to prove their guilt beyond reasonable doubt, rather than the accused having to prove their innocence

Question 19

The fourth concept incorporated into the more general concept of rule of law is that equality before the law is about the law treating every person equally, allowing every person what?

Answer 19

The fourth concept incorporated into the more general concept of rule of law is that equality before the law is about the law treating every person equally, allowing every person equal access to the justice system

Question 20

The 5 principles the concept of rule of law incorporates are the idea of legal certainty, that laws are properly enacted and clear in their purpose, that there is equality and fairness, that laws cannot be retrospective, that is, you cannot be what, and that there is due legal process?

Answer 20

The 5 principles the concept of rule of law incorporates are:

1. The idea of legal certainty
2. That laws are properly enacted and clear in their purpose
3. That there is equality and fairness
4. That laws cannot be retrospective, that is, you cannot be charged with something that is now an offence that you carried out before the law came into force
5. That there is due legal process

Question 21

The role of the citizen in our legal system is that many trials are determined by the decision of a jury made up of randomly selected citizens and that citizens can also become what in their local communities?

Answer 21

The role of the citizen in our legal system is that:

1. Many trials are determined by the decision of a jury made up of randomly selected citizens
2. Citizens can also become magistrates (justices of the peace, JPs) in their local communities

Question 22

The role of the citizen in our legal system is that many trials are determined by the decision of a jury made up of randomly selected citizens and citizens can also become magistrates (justices of the peace, JPs) in their local communities.
The Magistrates’ Courts deal with what?

Answer 22

The Magistrates’ Courts deal with a large percentage of all criminal cases

Question 23

The courts and punishments are required for a successful legal system, because those accused appear before a court and, if guilty, are what?

Answer 23

The courts and punishments are required for a successful legal system, because those accused:

1. Appear before a court
2. If guilty, are punished