Basic Legal Concepts

Question 1

What is the meaning of the “Law”

Answer 1

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,

Question 2

What does sovereign power mean?

Answer 2

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’

Question 3

What are laws made by parliament known as?

Answer 3

Statute laws

Question 4

What is Judge made law known as?

Answer 4

Common law

Question 5

How are laws enforced by?

Answer 5

Laws are enforced by society [Police and courts act on behalf of society]

Question 6

What are customs?

Answer 6

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.

Question 7

Why are rules established?

Answer 7

Rules are established to ensure the smooth operation of society.

Question 8

What are values?

Answer 8

The values societies hold are a reflection of the things that are considered important and these values are often reflected in the law.

Question 9

What are ethics?

Answer 9

Ethics are defined as those things that society considers to be right and wrong.

Question 10

What is a good example of the law changing dues to ethics and values changing?

Answer 10

The legislation to allow same-sex marriage, The Marriage Amendment (Definition and religious freedoms) Act 2017

Question 11

What are the characteristics of Just Laws?

Answer 11

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

Question 12

What is represented by the nature of justice?

Answer 12

Lady justice

Question 13

What does the blindfold ensure?

Answer 13

The blindfold ensures she acts impartially and is not influenced by factors unimportant to the case.

Question 14

What do the scales represent?

Answer 14

The scales represent fairness and weighing up the evidence

Question 15

What is the sword used for?

Answer 15

The sword is used to carry out justice and enforce her decisions

Question 16

What is justice a combination of?

Answer 16

EqualityFairnessAccess

Question 17

What is meant by Equality?

Answer 17

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.

Question 18

What does Doli incapax mean?

Answer 18

Doli incapacity is a Latin term meaning ‘incapable of wrong.

Question 19

In Australia how does Doli incapax work?

Answer 19

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)

Question 20

What is meant by fairness?

Answer 20

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

Question 21

What is meant by access?

Answer 21

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)

Question 22

What is procedural fairness (Principles of natural justice)

Answer 22

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.

Question 23

What are two principles of legal justice?

Answer 23

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.

Question 24

What is the rule of law?

Answer 24

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.

Question 25

What are the main principals of the rule of law?

Answer 25

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)

Question 26

What are aspects of procedural fairness/ Natural justice?

Answer 26

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)

Question 27

What are other aspects of the rules of law?

Answer 27

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

Question 28

Why do people obey the law?

Answer 28

*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

Question 29

Why might people not obey the law?

Answer 29

Economic reasonssocial reasonsPsychological reasonspolitical reasonsself-interest

Question 30

What is Anarchy?

Answer 30

Anarchy is a term used to describe a state of chaos and disorder resulting from the absence of rules and laws.

Question 31

When does anarchy break out?

Answer 31

A staute of anarchy can break out during a revolution or after a natural disaster because of the law enforcement agencies no longer exist or are unable to enforce the laws of society.

Question 32

What is an example of when Anarchy broke out?

Answer 32

An example of anarchy would be the 1992 Los Angeles riots- When Black Americans reacted to the police bashing of Rodney King

Question 33

What is tyranny?

Answer 33

A tyrant is a single leader who has unlimited power over the people in a country. It occurs when there is no check on the power of lawmakers and enforcers. An example of a tyrant would be Robert Mugabe in Zimbabwe

Question 34

What is the difference between Anarchy and Tyranny?

Answer 34

The difference between Anarchy and Tyranny is that a society that is ruled by a tyrant can have a degree of certainty and stability. A society where a tyrant abuses their power by maintaining control using fear and violence often still has a system by which decisions are made and authority is granted- even if this is not done by lawAnarchy, by contrast, is the absence of any authority figure or system that controls the way in which power is used