Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Legal Studies > Chp 1 - Law & Society > Flashcards

Chp 1 - Law & Society Flashcards

0
Q

Contract

A

A legally enforceable agreement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
1
Q

Civil law

A

Laws regulating the behaviour of private individuals

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Criminal law

A

Laws not only concerned with the rights of individuals directly involved but also with the welfare of society as a whole

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Judge- made law

A

The development of legal principles through the declaration of common law or statutory interpretation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Legal rules

A

Laws created by institutions within the legal system and enforced by the legal system

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Legislation

A

An act of parliament or piece of delegated legislation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Non-legal rules

A

Rules and responsibilities established within a group but not laws generally enforceable in the community. can either be formally learnt or via conditioning (norms)
Eg footy clubs

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Tort

A

A civil wrong that amounts to an act or failure to act that infringes in the rights of an individaual.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Norms

A

Social expectations within social groups, not formally learnt or stated

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Basic features of a law

A
  • statement of a particular type of behaviour ( e.g prohibiting it)
  • a sanction or remedy against any one who violates the law
  • the formation of the rule by an authority recognised by the community
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Sections and their Responsibilities in our legal system

A

Law making= state/commonwealth parliament
Interpreting the law and resolving disputes= courts ( judges and magistrates)
Enforce the law= police, dept of justice
Legal advisers and representation= solicitors and barristers

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Classification of laws

A

Source of law: statue or common

Type of behaviour: criminal or civil

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Statue law

A
  • legislation/ ‘Acts of parliament’
  • made by parliament
  • can delegate law making power to subordinate bodies known as:
    ~ regulations. ~ orders in council. ~ local laws
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Common law

A
  • judge made law/ case law
  • courts help develop the law by:
    ~ the process of interpreting the meaning of statues as they apply to individual cases
    ~ the declaration of common law
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Criminal law

A

Regulates and protects the rights and welfare of society as a whole.
Types of crimes. Offences against:
~ the person ~ property ~ morality ~ the legal system

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Offences against the person

A

Offences relating to action that results in some form of personal injury. E.g. Murder, rape, kidnapping, assault

16
Q

Offences against property

A

Involving conduct that results in damage to or loss of property e.g. Theft, vandalism

17
Q

Offences against morality

A

Concerned with maintains certain values in society e.g. Incest, street prostitution, bigamy

18
Q

Offences against the legal system

A

Responsibility to participate as responsible citizens in the administration of justice e.g. Purjury, failure to appear for jury service

19
Q

Civil law

A

Either CONTRACT LAW= concerned with legally enforceable agreement a between individuals
Or LAW OF TORTS= concerned with the wrongful actions of one individuals against another.
Types of torts:
~ negligence ~ nuisance ~ defamation ~ trespass

20
Q

negligence

A

The actions of an individual who has failed to exercise reasonable care that adversely affect another individual

21
Q

Nuisance

A

An individual interferes with another’s enjoyment of their rights

22
Q

Defamation

A

An individuals damages the good name or reputation of another through false or misleading statements

23
Q

Trespass

A

An individual physically interferes with another person, their goods or land

24
Q

The differences between criminal and civil law

A

Different procedures
Different consequences
Criminal law: enforced- police, CCO…, Prosecuted by the state, sanctioned via fine, CCO, imprisonment
Civil law: enforcement of an individuals rights, individual responsible for taking their case to court, receive monetary compensation or issue a court order to stop further infringement

25
Q

Why do we need laws?

A

To achieve social cohesion - Laws enable individuals to work cooperatively towards meeting their needs for the benefit of all members of the community

26
Q

The community will recognise the authority of the law if:

A

1- clearly sets out expected behaviour of individual members
2- provides a means by which disputes can be resolved
3- reflects the values of the majority of the community
4- provides a means for changing the law

27
Q

Establishing expected behaviour

A

By stating the rights and responsibilities of individuals and societies, the law makes explicit the boundaries of behaviour, therefore the each member of the community knows what is expected of them. Normally by prohibiting disruptive behaviours and having sanctions. And protecting the rights of individuals and remedying it

29
Q

Resolving disputes

A

The law provides a range of dispute settlements bodies e.g. Courts, tribunals to deal with problems that arise in the community, (also to stop people from solving their own disputes in any way)

30
Q

reflecting values

A

the law represents the people and therefor their beliefs and attitudes about what is right. the law reflects a variety of values: social, moral, economic and political

31
Q

social values

A

the way in which individuals relate with others in society

32
Q

moral values

A

the fundamental beliefs about what is right and wrong

33
Q

economic values

A

the rights of individuals in the economic system

34
Q

Political values

A

the rights of individuals in our legal system

35
Q

providing for change

A

the law needs to be able to provide for the changing needs of the community * therefore the legal system provides ways in which the laws may be changed

Legal Studies (2 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions