Basic Legal Concepts Flashcards
definition of law
a set of enforceable rules of conduct which set down guidelines for relationships between people and organisations in a society
customs
→ type of behaviour that has emerged over time
→ a common practice of tradition
→ no sanction or consequence is not applied
rules
→ rules are enforced and applied to certain people at certain times
laws
→ sets of rules binding to the whole community
→ can be enforced and are officially recognised
characteristics of law
- apply to the whole societal community
- can be enforced by law enforcement
- officially recognised by governments and courts
- accessible
- relation to the public interest
- reflects the rights and responsibilities of society
values
things that are considered to be important
ethics
things that society considers to be right and wrong
‘just’ law
→ applied equally to all of a community
→ based on widely held values
→ utilitarian- greatest good for the greatest number of people
→ aims to redress and repair inequalities
→ minimise delays
→ is not retrospective- can’t be brought up is incident was before the law existed
→ it is known
nature of justice
- equality
- fairness
- access
procedural fairness
- fair treatment before the law
- body of principles used to ensure the fairness and justice of the decision-making procedures of courts
rules of law
- that all people should be ruled by the law and obey it
- that the law should be such that people will be able to be guided by it
- both government and citizens know the law and obey it
anarchy
anarchy is the state of a society being freely constituted without authorities or a governing body
tyranny
tyranny is cruel and unfair treatment by people with power over others
