Fundamentals of Law Flashcards
What is the definition of law?
formal rules enforced by the courts
What is the difference between statute and common law?
Statute laws are laws passed through parliaments. Common laws are laws that are developed over time by the judgments of courts
What are the key values underpinning our laws?
Key values of our society that underpin our laws include respect for life, equality, freedom and tolerance and protection of the weak.
Laws should reflect societal values/beliefs because then the law is enforcing the underlying concepts upon which individuals shape their reasoning and opinions on specific issues. It then reflects the desires of communities on particular issues and will be more likely to be followed and respected.
What are the functions of law?
- to promote and represent the values and aspirations of the community
- to regulate and control the basic activities of humans within a society→ ensure the efficient running of society/protect people and property
- to provide a clear statement of behaviours that are considered acceptable within our community
- to provide a basis for the protection of people against behaviour that removes their social and economic freedom
- to provide a formal means of resolving disputes and conflicts between individuals and individuals and groups and institutions within society
- to provide a structure for the creation, enforcement and alteration of the law in accordance with the wishes of society
- to encourage a culture of respect and observance of the law in order to prevent social anarchy
What makes an effective law?
- respected and acknowledged by the community to be a binding statement of social behaviour→reflection of societal values
- applies universally without any discrimination against or in favour of particular social groups or individuals
- flexibility in its application
- complements other laws on related issues
- clear in its wording so that it obligations are easily understood
- can be enforced in a straightforward manner
- provides appropriate sanctions for people who break the law
What is the meaning of the ‘rule of law’?
‘the rule of laws, not of men’, actions are allowed or not allowed because of the law not because of the whim or power of governments, large corporations or powerful individuals. Australia is an example of a political and legal system that operates under the rule of law.
What are the essential features of the rule of law?
- law applies to the actions of all citizens, regardless of status or power. It equally binds those who make or enforce it
- effective ways to hold governments and officials accountable must be made. This reinforces the importance of the separation of powers- legislature should not be able to enforce and adjudicate the law, and the judiciary must be able to act independently of the other two branches
- citizens are equal before the law
- the law must be clear and understandable so that people can easily comply with it
How are laws classified?
Into public and civil law
What is public law?
laws that apply to the conduct of the whole of society, exists to protect and regulate key areas of social interaction for all members of the public i.e. constitutional, industrial-relations, criminal
What are civil laws?
those that regulate the conduct of individuals with other individuals. If a dispute arises, then individuals ressolve them between themselves privately, without involving governments or the police
What are the two major types of civil law?
- contract- statutory provisions and common law that regulate the types of contracts that two individuals can enter into
- torts- ‘wrongs’ in Latin. Regulates disputes between individuals that don’t arise from breach of contract, actions that injure someone in some way, intentionally or unintentionally i.e. negligence, trespass, occupiers’ liability, defamation
