Legal 1: Basic Legal Concepts

Question 1

What are Sovereign laws?

Answer 1

Laws that are made by the person/authority authorised to make law. Parliament in a democracy makes statuary law.

Question 2

What is Common law?

Answer 2

Judge based laws where there is a lack of statuary law

- cases

Question 3

Customs?

Answer 3

Established patterns o behaviour among people in a society or group

Enforced through social pressures-consequence is social exclusion and ridicule

Question 4

Customary law?

Answer 4

Customs that’s have become law

Question 5

Rules?

Answer 5

• Directions for conduct in a certain situation
• Apply to certain people at certain times
• More enforceable as fines occur
• Can form the basis of laws but much easier to change

Question 6

Laws?

Answer 6

• established to ensure the smooth operation of society
• relate to public interest
• reflect rights and responsibilities
• reflect changing values of society

Question 7

What are values ?

Answer 7

Reflection of what society conspiders important

Question 8

What are ethics?

Answer 8

What society considers right and wrong

Question 9

What is challenging bout values and ethics in the law?

Answer 9

• diverse society=diverse views that can’t all be represented in law, conflict
• majority vs minority views
• democracy we vote for people who reflect the same views as us, impossible

Question 10

What are the characteristics of Just Laws?

Answer 10

1 equal 
2 based on widely held views
3 utilitarian 
4 redress inequalities 
5 minimise delay
6 not retrospective 
7 be known

Question 11

What is the nature of justice a combination of?

Answer 11

Equality
Fairness
Justice

*dietrich v the queen (1992)

Question 12

Procedural fairness/natural justice

Answer 12

Right to be treated fairly before the law:

• Participate in proceedings about u
• know charges against u
• hearing and present evidence
• cross examination
• only relevant material

Question 13

Rule of law

Answer 13

• key principle in democratic societies legal systems
• use of arbitrary power eliminated
• no one exempt from law, regardless position
• law known, enforced

Question 14

What is anarchy?

Answer 14

• a state of society without gov or law

- political and social disorder due o a sense of gov control

Question 15

When can anarchy occur

Answer 15

After times of war, natural disaster and civil unrest
- Hurricane Katrina (2005)

Where Rule of Law is absent

Question 16

Why do we not have anarchy?

Answer 16

Most people :

• obey laws
• value laws
• consider it ethical to obey society
• fear of consequence

Question 17

What’s is Tyranny

Answer 17

Arbitrary excersize of peer

- abuse of authority

Question 18

When does tyranny occur?

Answer 18

• no check on power of law makers and enforcers

- no democratically elected gov

Question 19

What is law?

Answer 19

A set of rules imposed on all members of a community which are:

• Universal
• Constantly and consistently applied to all members of society
• binding and enforceable by police and courts
• individuals do not have the authority to decide if they need to comply