The Legal System Flashcards
Students develop an understanding of the nature and functions of law through the examination of the law-making process and institutions.
Define Customs
Customs are expected ways of behaving in certain groups or situations and are not enforceable by the court. (E.g. Lighting Shabbat candles, birthday messages, morning greetings)
Define Rules
Rules are a set of guidelines for behaviour that apply to individuals within a group and are enforced by the leaders of that group, not the court. There are consequences for breach of rules. (E.g. Uniform, sports)
Define Laws
Laws are rules enforced by the court that applies to society as a whole. They are known by everyone. (E.g. No trespassing, stealing, Tax laws, Family laws)
What are Values?
Values refer to what an individual/group or society holds or believes to be important. Different countries or societies have different values and therefore different laws. Laws reflect the values of a society.
What do we value?
We value education, respect, individuality, multiculturalism, democracy/voting, family, equal opportunity, healthcare, environment, employment opportunities. All of these have laws that embody our values (e.g. Racial Discrimination Act, Family Law Act, Public Health Act, Education Act)
What are Ethics?
Ethics are ways of behaving that demonstrates right from wrong. (E.g teacher telling a student another students mark is unethical)
What are the 7 characteristics of Just Laws
- Laws must treat people equally
- Laws must be prospective (present) not retrospective
- Laws must provide the greater good for the greatest number of people
- Laws must provide remedies
- Laws must be able to be changed
- Laws must be known
- Laws must be capable of being enforced
What is Nature of Justice and the 3 subtopics
It involves equal treatment, equality of outcome and equality of opportunity before the courts. The three subtopics are Equality, Fairness, and Access.
What is Equality
All people should be treated equally by the law. However, this does not mean that all people will receive the same punishment for the same crime or the same damages/compensation for an infringement of their rights.
What is Fairness?
Usually equates with justice but generally refers to matters in everyday life.
What is Access?
This refers to an individual’s ability to use the legal system. The main barriers to accessing the law are cost, time, procedure, and knowledge.
What is Procedural Fairness?
Refers to the need for fairness and justice in the resolution of disputes.
What 2 rules does Procedural Fairness consist of?
- Hearing Rule
- Bias Rule
What is the Hearing Rule?
Everyone has the right to be heard.
E.g. Individuals have the right to be present for legal proceedings against them in court.
E.g. Individuals have the right to legal representation.
E.g. Right to the presumption of innocence.
What is the Bias Rule?
The decision maker must not be biased. Judges are impartial. Judges cannot know the accused/plaintiff/defendant.
