#LM- Law and Justice Flashcards

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1
Q

justice definition

A

when the law tries to achieve fairness

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2
Q

what is distributive justice

A

fair allocation of resources

Aristotle and Marx

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3
Q

what is utilatrianism

A

most actions are just when they have utility to society

bentham v mill

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4
Q

what is social justice

A

creating equal opportunities

noziak

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5
Q

what are the two types of justice

A

procedural

substantative

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6
Q

what is procedural justice

A

legal process and institutions

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7
Q

what is substantive justice

A

application of rules

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8
Q

what is corrective justice

A

sentences and remedies

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9
Q

how can the law be seen to show procedural justice

A
fair trial 
evidence rules 
trials by peers
objective professionals 
appeals and legal aid
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10
Q

how can the law be seen to not show procedural justice

A

cuts
jury equity
miscarriages of justice

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11
Q

how is does the law show corrective justice

A

factors of sentencing
reflects fault
contributory negligence

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12
Q

how does the law not show corrective justice

A

remoteness of damage
mandatory
non fatals

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13
Q

how does crime show substantive justice

A

defences

joint enterprise

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14
Q

how does crime not show substantive justice

A

duress

malice aforethought

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15
Q

how does tort show substantive justice

A

FJR and duty of care
OLA
Rylands

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16
Q

how does tort not show substantive justice

A

learners
police immunity
Bolton v Stone

17
Q

how does contract show substantive justice

A

formation
frustration
third party rules
cra

18
Q

how does contract not show substantive justice

A

exclusion and limitation clauses