Flashcards in Basic Legal Concepts Deck (34)
What is the meaning of the "Law"
The law can be defined as a set of enforceable rules of conduct which set down guidelines for relationships between people and organisations in a society. It is a dynamic thing evolving from hundreds of years of tradition, culture and values,
What does sovereign power mean?
A law is a special type of rule that has been made by a person or institution that has the authority to make laws. This is referred to as 'Sovereign power'
What are laws made by parliament known as?
What is Judge made law known as?
How are laws enforced by?
Laws are enforced by society [Police and courts act on behalf of society]
What are customs?
Customs are collective habits or traditions that have developed in a society over a long period of time.Not all customs become laws, however, generally customs become transferred into written law.
Why are rules established?
Rules are established to ensure the smooth operation of society.
What are values?
The values societies hold are a reflection of the things that are considered important and these values are often reflected in the law.
What are ethics?
Ethics are defined as those things that society considers to be right and wrong.
What is a good example of the law changing dues to ethics and values changing?
The legislation to allow same-sex marriage, The Marriage Amendment (Definition and religious freedoms) Act 2017
What are the characteristics of Just Laws?
1. It is equal-Teats every person the same2. It is based on the widely held values of society3. It is utilitarian- i.e archives the greatest good for the greatest number of people4. It aims to redress inequalities5. It must minimise delay6. It must not be retrospective 7. The law must be known or discoverable
What is represented by the nature of justice?
What does the blindfold ensure?
The blindfold ensures she acts impartially and is not influenced by factors unimportant to the case.
What do the scales represent?
The scales represent fairness and weighing up the evidence
What is the sword used for?
The sword is used to carry out justice and enforce her decisions
What is justice a combination of?
What is meant by Equality?
Justice requires laws that do not discriminate and that are applied equally to all people although it does take into account peoples different capacities such as maturity.
What does Doli incapax mean?
Doli incapacity is a Latin term meaning 'incapable of wrong.
In Australia how does Doli incapax work?
In Australia, a child under 10 cannot be held legally responsible for his actions and cannot be guilty of am offence. In the case of 10-14 years of age, the court will make an assessment as to whether the child can tell the difference between right and wrong and this will influence the way the matter is handled (Corey Davis case)
What is meant by fairness?
This includes ensuring the law does not have a particularly harsh effect on an individual. The right to appeal a decision is also a very important aspect of fairness
What is meant by access?
Individuals must be able to access the law in order for justice to be achieved. They should have access to legal information and assistance and be able to understand the law. (Recently, there has been a move towards making legal documents, such as contracts, easier to understand by using plain English)
What is procedural fairness (Principles of natural justice)
Procedural fairness refers to the idea that there must be fairness in the processes that resolve disputes. It is closely linked to the concept of natural justice which refers to the fact that everyone should be treated fairly in legal situations.
What are two principles of legal justice?
1. The right to be heard (including the right to be a fair hearing2. The right to have a decision made by an unbiased decision-maker.
What is the rule of law?
The principle of the rule of law is that no one is above the law, including those who make the law. It is the law that rules us ALL and no one is above the law.
What are the main principals of the rule of law?
The law should be known to all people in the community. (Access)The law should be applied equally to all regardless of status position or deed. (Equality)
What are aspects of procedural fairness/ Natural justice?
An unbiased judiciary that is independent from the government (Fairness)The accused must know the charges against them and have the right to a fair hearing (Right to be heard)
What are other aspects of the rules of law?
Checks and balances that ensure people are treated fairly by the law.Criminal legislation should not be retrospectiveTrials should not be prejudiced by external moral influencesThe state cannot pressure the legal counsel to defend the accused
Why do people obey the law?
*People like to have laws because they create order*laws reflect society values*Laws apply sanctions (penalties) to those found guilty of a crime and may act as a deterrent to those who might otherwise commit a crime
Why might people not obey the law?
Economic reasonssocial reasonsPsychological reasonspolitical reasonsself-interest