Chapter Five Flashcards
Define Torts
Meaning wrongs, disputes that do not arise from contracts but are still in areas of common law such as injury, negligence, trespass and defamation.
Define Civil Law
Law that designates how we interact with other citizens, and has a much bigger effect on the day to day lives of most citizens.
Identify the key aspects of the rule of law
- The rule of law ensures that no citizen or politician is above the law
- Laws should express the will of the people not the whim of kings or dictators
- The citizens within a society must be willing to abide by the rules made in that society, justice is best achieved when the laws are established by the very people who must obey them
- Under the rule of law, a strong an independent system of courts should exist that can prosecute even the highest ranking officials and hold them accountable to the nations laws and regulations.
- Judges must be very skilled and completely impartial, they must be committed to the principals of democracy
- There can be many sources of law, but regardless of the source citizens should be entitled to a number of absolute rights under the law. They have the right to be equally protected under the law, citizens have the right to be free from arbitrary arrest or search of their homes, they have the right to a speedy trial and the opportunity to question whoever is prosecuting them and they have the right to not be forced to testify against themselves which ensures that torture and coercion are avoided. If accused, they have the right not to be subject to any cruel or unusual punishment.
Define Social Values
Underlying concepts which shape the way a person or community forms an opinion on a specific issue.
Define Contract Law
Law that surrounds all contracts including what can be agreed upon in a contract, and any disputes between a contract are private law.
Define The Rule of Law
The concept that the law stands above all citizens and politicians and applies to everyone with a community equally.
Define Criminal Law
The various criminal laws of Australia’s states and territories designates what behaviour is considered against our social values and creates sanctions for committing that behaviour.
Explain the importance of the law in a society
Law in a society is important because it is not for control, it exists to uphold the existing social values that we cherish within a community.
Define Public Law
Public laws are laws that apply to the whole of a society which exists to regulate and protect all members within a society. Examples of public law include Constitutional law, criminal law and industrial relations law.
Identify the key functions of a law
Firstly, laws exist to promote the social values considered valuable in a community and provide the structural framework to ensure that these values can be upheld. Secondly, laws seek to regulate their functions of basic human behaviour and protect those who are socially or economically persecuted. Thirdly, laws provide a clear and known statement of what is considered socially acceptable behaviour. Fourthly, laws provide a formal means of resolving a dispute between two parties and finally laws teach members of the community to respect the law and all it stands for.
Identify features of an effective law
An effective law must be a clear and concise document that has a certain degree of flexibility, so that it can apply to a broad range of situations. They must not discriminate against any group or individual and they must be an accurate reflection of social values within a society.
Define Private Law
Law that occurs between citizens, such as contract law and torts.
Define Constitutional Law
The constitution creates our political structure and therefore effects the lives of all Australians, it is the most important legal document in the country.
