Basic Legal Concepts Flashcards

1
Q

Define law

A

A set of laws imposed on all in the community officially recognised and enforceable by the state

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2
Q

Define customs

A

Long held tradition and established patterns of behaviour within a society or group. Often not written down but passed down through generations

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3
Q

Define rules

A

rules are applied to specific groups and are not enforceable by law

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4
Q

Define values

A

values are considered to be important -> set of morals + values

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5
Q

Define ethics

A

ethics are what a society believes is wrong or right

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6
Q

What are the 3 characteristics of nature of justice?

A
  • Equality
  • Fairness
  • Access
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7
Q

What is equality in the nature of justice?

A

Everyone having the same rights or status

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8
Q

What is fairness in the nature of justice?

A

Freedom from bias, dishonesty + injustice

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9
Q

What is access in the nature of justice?

A

Knowing the law, legal representation -> legal rep supports access

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10
Q

Define procedural fairness

A

Having fair treatment before the law:
- right to participate in legal proceedings
- defendants right to know accusation made against them
- right to hearing which they can present evidence
- right to test evidence presented
- accused to have no previous criminal conviction brought up in trial

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11
Q

Define rule of law

A

No one is above the law even those who legislate (create and enforce) them

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12
Q

Give an example of a breach of the rule of law

A

officials making favourable decisions for relatives + friends but applying the law fully for everyone else

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13
Q

Define anarchy

A

lack of or no law enforcement in a state

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14
Q

What is the result of anarchy?

A

citizens don’t fear consequences and disobey law -> chaos

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15
Q

Define tyranny

A

When there is an imbalance of power within a state

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16
Q

What case relates to access in nature of justice

A

Dietrich - dude hid 70g of drugs in his mouth

17
Q

what case relates to fairness in nature of justice

A

Re: Pinochet - judge had connection with Amnesty International (Human Rights advocate group) - Pinochet on trial for HR abuses