Chp 1 - Law & Society

Question 0

Contract

Answer 0

A legally enforceable agreement

Question 1

Civil law

Answer 1

Laws regulating the behaviour of private individuals

Question 2

Criminal law

Answer 2

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

Question 3

Judge- made law

Answer 3

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

Question 4

Legal rules

Answer 4

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

Question 5

Legislation

Answer 5

An act of parliament or piece of delegated legislation

Question 6

Non-legal rules

Answer 6

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

Question 7

Tort

Answer 7

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

Question 8

Norms

Answer 8

Social expectations within social groups, not formally learnt or stated

Question 9

Basic features of a law

Answer 9

• 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

Question 10

Sections and their Responsibilities in our legal system

Answer 10

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

Question 11

Classification of laws

Answer 11

Source of law: statue or common

Type of behaviour: criminal or civil

Question 12

Statue law

Answer 12

• legislation/ ‘Acts of parliament’
• made by parliament
• can delegate law making power to subordinate bodies known as:
  ~ regulations. ~ orders in council. ~ local laws

Question 13

Common law

Answer 13

• 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

Question 14

Criminal law

Answer 14

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

Question 15

Offences against the person

Answer 15

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

Question 16

Offences against property

Answer 16

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

Question 17

Offences against morality

Answer 17

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

Question 18

Offences against the legal system

Answer 18

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

Question 19

Civil law

Answer 19

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

Question 20

negligence

Answer 20

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

Question 21

Nuisance

Answer 21

An individual interferes with another’s enjoyment of their rights

Question 22

Defamation

Answer 22

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

Question 23

Trespass

Answer 23

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

Question 24

The differences between criminal and civil law

Answer 24

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

Question 25

Why do we need laws?

Answer 25

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

Question 26

The community will recognise the authority of the law if:

Answer 26

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

Question 27

Establishing expected behaviour

Answer 27

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

Question 29

Resolving disputes

Answer 29

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)

Question 30

reflecting values

Answer 30

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

Question 31

social values

Answer 31

the way in which individuals relate with others in society

Question 32

moral values

Answer 32

the fundamental beliefs about what is right and wrong

Question 33

economic values

Answer 33

the rights of individuals in the economic system

Question 34

Political values

Answer 34

the rights of individuals in our legal system

Question 35

providing for change

Answer 35

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