The Legal System Flashcards
What are customs?
- Habits and traditions of society.
- Customs depending on religion, culture and history.
- Developed over a long time.
- NOT enforceable by the law.
What is customary law?
Principles and procedures of customs of people or nation and are treated as obligatory.
What are rules?
- Clear guidance
- NOT enforceable by the law
- Only apply is certain places/situations
- Easier to change
What are laws?
- Made by ‘sovereign power’
- Punishment is given to people who break the law
- Officially ‘rule of law’ applies
- Applies to society in general
What are the relationships between customs, rules and laws?
- Rules are made to govern behaviour
- Rules are based on traditions, customs and values
- Rules have penalties within group members
- Someone is in charge to enforce
- Rules became known as the law
What are values and ethics?
- Society’s way of prioritising the importance of moral choices
- Tells the correct way of behaving in a situation
- Deals with what is morally right or wrong
What is the characteristics of just laws?
- Known to the public
- Widely accepted (not always 100%)
- Provide stability and probability
- Flexible to provide justice
- Follows the requirement of procedural fairness
- Allows different levels of severity
- Must uphold/ protect human rights
- Is not applied retrospectively
What is the nature of justice?
Equality + Fairness + Access = Justice
What is equality?
All people in society are treated the same no matter political, social and civil rights and opportunities.
What is doli incapax?
‘Incapable of wrong’ - presumption that a child under 10 years can’t be held legally responsible for his or her actions and is not guilty of criminal or civil offence.
What is fairness?
To try ensure that people have the same opportunities.
What is access?
The ability to obtain or make use of something.
What is procedural fairness?
The idea of fairness in the processes that resolve disputes.
What is natural justice?
Everyone is treated fairly in legal situations.
- Right to be heard - fair hearing
- Right to have a decision made by an unbiased decision maker
What is the rule of law?
The principle that no one is above the law.
