Unit 1 - What Is Law

Question 1

What is a norm?

Answer 1

A standard of human conduct or a rule of human behavior.

With a legal norm the whole community is involved.

Question 2

What is the law?

Answer 2

• the law governs human behavior
• the law should be obeyed by all of society
• the law is enforced by state organs
• by disobeying the law you will be prosecuted or punished

Question 3

What is public law?

Answer 3

Public law deals with the relationship between the state and the individual.

Question 4

What is private law?

Answer 4

Private law deals with the relationship between individuals and other individuals.

Question 5

What is formal/procedural law?

Answer 5

Part of law which deals with the procedures that must be followed in legal proceedings.
Eg the way we act in courts, kinds of evidence allowed

Question 6

What is substantive/material law?

Answer 6

The part of law which determines the content and meaning of different legal rules.

Question 7

Normative systems which govern human behavior

Answer 7

• religion
• individual morality
• community mores

Question 8

Religion

Answer 8

• both law and religion studied by interpreting authoritative texts
• context of religious and legal rules often the same
• some believe law and religion should be mutually exclusive
• some believe they should be the same

Question 9

Individual morality

Answer 9

• norms or standards of behavior that each person sets for themselves
• disobeying these rules could cause guilt and inner conflict
• may coincide with legal rules

Question 10

Community mores

Answer 10

• norms of a whole community or group within a community
• collective morals
• may coincide with the law (eg possession of drugs)

Question 11

Question of justice

Answer 11

• laws can be just or unjust

- justice is equality before the law

Question 12

Requirements formal law must comply with to achieve formal justice

Answer 12

• must be explicit rules laid down to show how people must be treated in specific cases
• rules must apply generally (all people in same circumstances)
• rules must be applied impartially by a legal institution (judge may not be biased)

Question 13

Substantive justice

Answer 13

The content of the rule or law itself is looked at to determine where it is fair and just to ensure substantive justice has been done.