law and justice Flashcards
what are 3 types of legla aid
help line, citizen advice bureaux and law centres
what requirements will be apart of the interests of the justice test
- likleihood to lose liberty or livelihood, 2.consideration of a significant point of law 3. individual is unable to understand the case against them
what is the means of testing in a magistrate
A person will be automatically avaliable to legal aid if they are: on income support, under 16, under 18 and in full .time education others will be calculated on gross income
what is the means testing for a crown court?
most Defendent’s will recieve legel aid due to possibility of loss of liberty. if a persons gross is above 37,500 they wont receive legal aid if its below 37,500 they will be given partial legal aid
what is the definition of nature of law
justice regards law as coming from a higher source. the theory is that rules are based of moral rules.
what are the 2 types of justcie that are discussed by aristole
- distributive justice- the law that acts to distribute benefits and burdens fairly throughout society
2.corrective justice- the law acts to correct attempts by individuals to disturb the fair distribution
what are the theories discussed by Thomas Acquinas
1.moral rules come from god and that people should do good and avoid evil
2.any law that went against morality would be unjust and if it wasnt just then it shouldn’t be obeyed
what is utilitarianism?
does the consequence of law benefit more people. focuses on the needs of society as a whole, rather than the individual. if a law maximises happiness it would achieve justice
what are the theories of jeremy Bentham
he devised the concept of utilitarianism the greatest good for the greatest number
what are the theories of stuart mill
tried to unite the ideas of utilitarianism and individual rights.
to achieve justice, people should have the
right to act unless exercising that right harmed others and that only then should the law interfere to
restrict those rights
