Unit 1 AOS 1 - Legal Foundations Flashcards
Define social cohesion
Social cohesion is the willingness of members of a community to cooperate with each other in order to survive and prosper
What are the five pillars of social cohesion?
- belonging
- social injustice and equity
- participation
- acceptance and rejection legitimacy
- worth
Explain the role of the law in achieving social cohesion
Laws set boundaries for acceptable behaviour which establish a framework in which people live and allows individuals to make choices.
Explain the role of individuals in achieving social cohesion?
Individuals need to be aware of the laws and follow these laws.
Explain the role the legal system in achieving social cohesion?
The legal system sets out methods and institutes which makes and administers the law, including courts, police and tribunals. These institutions apply and enforce the law which facilitates social cohesion.
Explain the role of the law in protecting the rights of the individual?
The law enforces what we can and can’t do, therefore protecting the rights of the individual such as the right not to be discriminated against.
Explain the role of individuals in protecting the rights of the individual?
Individuals must be aware and respect the rights of others. Especially human rights.
What is the role of the legal system in protecting the rights of the individual?
The legal system ensures that all the rights of the individual are protected.
What are the principles of justice?
- fairness
- equality
- access
Define the principle of justice: fairness
When disputes arise, fairness means there are fair legal processes in place, and all parties receive a fair hearing. People should be able to understand court processes and have an equal opportunity to present their case and rebut the other parties case.
Define the principle of justice: equality
It means that all people should be equal under the law regardless of their characteristics or attributes, such as status, race, religion, marital status or culture. Everyone is given equal opportunity to present their case.
Define the principle of justice: access
Access means that the law and legal system should make it possible for people to use the procedures, methods and institutions that help to resolve a civil dispute or determine a criminal case. It also means that people have access to understand their rights.
What are the five characteristics of an effective law?
- reflect societies values
- enforceable
- known
- clear and understandable
- stable
Explain the characteristic of an effective law: reflect societies values
A law must reflect and be able to change to reflect the societies values. This is because members of a society are more likely to follow a law if they agree with it.
Explain the characteristic of an effective law: enforceable
A law must be enforceable, that is, if the law has been broken then it must be possible to catch and punish them, or sue them in a civil case. If this is not possible, people are less inclined to follow the rule, because they believe it will have no consequence.
Explain the characteristic of an effective law: known
A law must be known to the public. If a law is not known, people will not know to follow it.
Explain the characteristic of an effective law: clear and understandable
It is important for a law to be written in a way that people can understand, and it is clear what its intent is.
Explain the characteristic of an effective law: stable
A law must be stable to be effective, meaning it must be clear and stable over time. If the law was constantly changing, no one would be certain what the law was, therefore would not follow it.
What are the two main sources of law?
- common law
- statute law
Define statute law
Statute laws are laws or legislations made by parliament. Parliament is the supreme law-making body and can override any laws created by the courts, providing it is within the parliaments power.
Define common law
Common laws are laws made by the courts. The role of the courts is to apply existing laws made by parliament to the cases brought before them.
Explain the relationship between parliament and the courts
- interpretation of statutes by the courts
- the codification of common law, or where the parliament confirms the common law by passing an act of parliament
- the abrogation of common law, or where the parliament overrules the common law by passing an Act of parliament
- the ability of the courts to influence parliament
- statutory interpretation
Define statutory interpretation
Is the process undertaken by judges when they are required to give meaning to words or phrases in an Act of parliament so it can be applied to resolve a court case.An example of this is the studded belt case
What is a precedent?
A precedent is when a court makes a decision which is the first of its kind, which then applies to all lower courts in the same court hierarchy when similar cases come before the courts in the future.
