The Legal System: Basic Legal Concepts (1) Flashcards
What is a “law”?
A set of rules imposed on all members of a community that are officially recognised, binding and enforceable by persons or organisations such as the police or courts.
Example of a law?
Young Offenders Act 1997 (NSW)
Bail Act 2013 (NSW)
Can give any example, no right or wrong answer
What is a “rule”?
Regulations or principles governing procedure or controlling conduct. Set of guidelines to follow or expectations.
Examples of rules?
School rules, home rules, local swimming pool rules.
What are “values”?
Principles, standards or qualities considered worthwhile or desirable within society.
Examples - honesty, bravery, loyalty, diligence, etc.
What are customs?
Established patterns of behaviour among people in a society or group. Vary depending on the culture, religion, and history of a group of people, society or country.
Examples - drinking wine in the Catholic Church, shaking hands as a greeting.
What is “customary law”?
Established patterns of behaviour that are accepted within a particular social or commercial setting and are of sufficient importance to be enforced. Developed through general usage.
Examples - Aboriginal and Torres Strait Islander customary laws.
What is a “state”?
Politically independent country.
Example - NSW, California, Ohio
Difference between rules and law?
Laws are legally enforceable and apply to all citizens of a nation state - can be serious punishment, such as jail sentence, fines, etc.
Rules are not legally enforceable and are specific to smaller groups or communities.
What are some examples of issues where changing values have resulted in changing laws?
Specific examples -
- Bodily Autonomy (Abortion) = Roe V Wade
- Surrogacy (Altruistic vs Commercial)
- Gun Laws
- Domestic Violence
- Alcohol-fueled Violence (one punch laws)
Example - commercial surrogacy vs altruistic surrogacy.
What is commercial surrogacy and why can’t Australians use it here?, SMH, 2022
Altruistic - legal in Australia. Carrying a child for a friend, etc who is unsuccessful in fertility.
Commercial - controversary of “buying and selling body tissues in Australia.” Hence, illegal.
Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017
What are intensive correction orders? Why implement them?
- Custodial sentence of up to two years that the court decides can be served in the community.
- Conditions can be added (home detention, electronic monitoring, etc).
- Serious breaches go to State Parole Authority.
- Judge can impose further restrictions if the individual does not comply.
Why - meet the needs of the community, restructure how an offender can serve time depending on their offence.
What is the nature of justice?
Equality + Fairness + Access = Justice
What is “equality”?
The assumption that everyone benefits from the same supports. Equal treatment.
What is equity?
Everyone gets the specialised supports they need (affirmative action).
What is justice?
Cause/s of the inequity was/has been addressed. Systemic barriers have been removed.
- Fair and impartial treatment.
- Made to represent the rights of the majority, but promote the voice of the minority.
Recognise human rights.
Where has equality been an issue legally?
Same-sex marriage
Indigenous over-representation in prisons.
Women and the ‘glass ceiling’ in promotions.
Young offenders.
What is ‘doli incapax”?
Latin referring to the inability of a child under the criminal age to be responsible to form criminal intent, as a result of maturity.
What is the “Crimes Act 1900 (NSW) , Section 61JA” address?
Maximum penalty of life in prison (as a result of R V Skaf in 2000)
Legal areas where lack of fairness has been an issue?
Young people (young offenders).
Refugees and asylum seekers.
Socio-economically disadvantaged people.
What are the 4 MAIN issues of access?
- Access to legal information
- Proper representation and sought out justice.
- Getting justice in a reasonable amount of time.
- Having physical access to the legal system
What is the problem with Community Legal Centres around Australia? - Fairness
Constantly overwhelmed with demand and being forced to make tough decisions about who to help and who to turn away and how much help people can get.
What is Legal Aid?
An online service dedicated to providing essential and knowledgeable advice regarding the law on a variety of legal matters.
How is Legal Aid effective?
Accessibility - listening tabs for blind people, hot line for immediate access.
Protects human rights - provides safety, opportunity and a voice for people who may have been silenced.
Resource efficiency - funds additional resources such as Best For Kids.org” (helps with family law or domestic violence)
