Key Terms Flashcards
Trolley Car Conundrum
The trolley problem is a thought experiment in ethics about a fictional scenario in which an onlooker has the choice to save 5 people in danger of being hit by a trolley, by diverting the trolley to kill just 1 person.
Positive Law
Are created by us in the context of society, and we obey these laws for the good of society as a whole to maintain order in society
Natural Law
Are inherent in us as human beings, inalienable rights based on rational thought and principle
Legal Realism
The theory that all law derives from social interests and public policy; law is flexible rather than set in stone.
Common Law
Laws that are not written down as legislation, rather it has evolved into a system of rules based on precedent. It was most active before courts were established and allowed judges to make just and common decisions.
Utilitarianism
The idea that a truly just law provides the greatest happiness for the greatest number of people
Jurisprudence
The philosophy of law, defining things like laws and crimes, reasons for making and obeying laws, distinctions between law and justice
Balance of Probabilities VS Reasonable Doubt
A balance of probabilities means that it is more likely than not to have happened. Beyond a reasonable doubt means that the evidence presented and the arguments put forward by the prosecution establish the defendant’s guilt so clearly that they must be accepted as fact by any rational person.
NGO
Non-Government Organization
Class Action Suits
A legal proceeding in which one or more plaintiffs bring a lawsuit on behalf of a larger group, known as the class. Damages awarded are often split amongst
