1.1 Basic Legal Concepts Flashcards
(33 cards)
what is the meaning of law and what does this provide/create/protect?
rules made by a sovereign power & apply to everyone equally to regulate activities, provide stability, create certainty, and protect the weak → enforced by people in positions of power.
what are customs?
the ways of behaving, established by long-standing traditions through the collective actions & behaviours of people → orally passed down
what is customary law?
principles & procedures developed according to the customs of people of nations (e.g. Indigenous Australian customary law)
what are rules?
regulations governing procedures that only apply to a certain groups
what are laws?
binding the whole community, officially recognised & enforced by a governing body, usually carry penalties.
what are values?
principles, standards or qualities considered worthwhile in society (what someone believes in)
what are ethics?
rules/standards governing the conduct of a person, seen as correct, appropriate, honest, and fair (stem from values/beliefs)
what is anarchy?
a state of chaos & disorder from an absence of rules & laws.
what is tyranny?
(+ example, think modern history term 1)
a single leader with unlimited power over a state/ country.
e.g. Tsar Nicolas II of Russia
what are characteristics of just laws?
applied equally; enforceable; written down & known; reflect society’s values, rights, and expectations; aim to reduce inequality and delay; promote conflict resolution; must be NOT retrospective (cannot be backdated)
how can just laws be effective in society?
operates fairly and equally and meets the rights and expectations of society to ensure stability
what is justice?
upholding accepted rights & enforcing responsibilities, ensuring that equal outcome occurs
what is the notion of fairness?
free from bias, dishonesty, or injustice
what is equality?
a state of quality being equal → being same rights, opportunities, & treatment
how is justice balanced in the law?
victim; offender; society/community
what is access?
the ability to find out, obtain information about, or make use of something.
what does represent (blindfold, scales, sword)
blindfold = impartiality (treating everyone equally); scales = fairness (equal outcomes); sword = enforceability or power
what is procedural fairness (principles of natural justice)
principles used to ensure fairness and justice in the decision-making procedures of courts, to prevent arbitrary abuse of power by the state.
what are procedural fairness rights in Australia?
the right to know the case against you, present your case, the right to freedom from bias, and the right to a decision based on relevant evidence
what is the fair hearing rule?
a person must be heard so their view is considered → can know, make, present, and then appeal case.
what is the no bias rule?
there must be an impartial decision maker → person hearing cannot display ACTUAL bias or APPREHENDED bias
what is the procedural fairness case study (media article)?
“Haneef wins ‘substantial’ compensation settlement”, ABC News, 2010
what occurred that resulted in “Haneef wins ‘substantial’ compensation settlement”, ABC News, 2010
Dr Haneef was wrongfully accused of being involved in botched terrorist attack in Glasgow, Scotland in 2007. Detained for over 3 weeks and working VISA cancelled.
what procedural fairness rights were infringed in the Dr Haneef case?
denial of rights (held without charges against him, impacting ‘presumption of innocence’, falsely accused); protection of individual rights was not upheld; no freedom from bias
