Term 1 (basic Legal Concepts) Flashcards
Differentiate between customs, rules, and laws.
Customs are established patterns of behaviours among a particular group of people. If a custom is followed by most of the population over time, it may become part of the laws of that society and therefore become customary law.
Rules refer to prescribed directions for conduct in certain situations. Rules are generally made by groups and only affect people within those groups. Rules can from the basis of laws, however rules can be changed quickly whilst laws may be slower to change.
Laws are made up from the formal rules of society. They are the legal rules that society as a whole has agreed upon to govern behaviour and activities.
Differentiate between values and ethics
Values are principles or qualities considered worthwhile by society. Ethics are rules or standards directing the behaviour of a person or the members of the professions. Ethics may also refer to a major branch of philosophy, which investigates the nature of values of right and wrong conduct.
What are Just Laws?
A just law is one that allows everyone to receive fair treatment and outcomes, and ensures that human rights are recognised and responded. Treats all people equally. Based on generally held religions or ethical precepts.
- Aims to redress inequalities e.g. anti-discrimination legislation
- Only those people that break the law are punished.
Differentiate between aggravating factor and mitigating factor.
An aggravating factor goes against or is to disadvantage an offender.
A mitigating factor is something that helps and is for the offender.
What is a utilitarian law?
laws and decisions that aim to benefit the greatest number of people.
What are some rights of a minor (under 18) under the law?
- Those under 18 are not required to answer questions during questioning without a “support adult” that is over 18 years old. Otherwise the evidence during questioning can be inadmissible.
- 10 to 18 years old, max penalty is 2 year (juvenile justice)
Differentiate between fairness and justice
There can be different opinion on what is fair. Justice and fairness are similar in meaning, however, justice applies to situations covered by the law.
What are retrospective laws?
Laws that change what peoples rights and responsibilities were in the past. Something might have been legal when the act was committed, but in the future, a retrospective law can be made to make that act illegal and charge people who did it, even though it was done while it was still legal.
What is procedural fairness?
The idea that there must be fairness in the process that resolve disputes. Developed from two common law rules which have been mostly developed by the courts:
1) The right to be heard
2) The rule against bias
Evolution of procedural fairness/natural justice:
1) The no evidence rule
2) The reasons rule
Distinguish between anarchy and tyranny.
Anarchy occurs when a country is left without effective laws and government, resulting in chaos and disorder.
Tyranny refers to a rule by a single leader who hold absolute power. Typically, tyrannical power usually involves very harsh punishments. Human rights are often not respected.
Why do we obey the law?
1) To avoid legal consequences and sanctions.
2) The law possesses legitimate authority in our eyes.
3) To avoid conflict and keep order/peace.
What is defamation?
Ruining/compromising someones reputation with false information.
Who is the plaintiff?
The person/group who brings the problem to court.
