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Flashcards in Chp 1 - Law & Society Deck (35)
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Civil law

Laws regulating the behaviour of private individuals



A legally enforceable agreement


Criminal law

Laws not only concerned with the rights of individuals directly involved but also with the welfare of society as a whole


Judge- made law

The development of legal principles through the declaration of common law or statutory interpretation


Legal rules

Laws created by institutions within the legal system and enforced by the legal system



An act of parliament or piece of delegated legislation


Non-legal rules

Rules and responsibilities established within a group but not laws generally enforceable in the community. can either be formally learnt or via conditioning (norms)
Eg footy clubs



A civil wrong that amounts to an act or failure to act that infringes in the rights of an individaual.



Social expectations within social groups, not formally learnt or stated


Basic features of a law

- statement of a particular type of behaviour ( e.g prohibiting it)
- a sanction or remedy against any one who violates the law
- the formation of the rule by an authority recognised by the community


Sections and their Responsibilities in our legal system

Law making= state/commonwealth parliament
Interpreting the law and resolving disputes= courts ( judges and magistrates)
Enforce the law= police, dept of justice
Legal advisers and representation= solicitors and barristers


Classification of laws

Source of law: statue or common
Type of behaviour: criminal or civil


Statue law

- legislation/ 'Acts of parliament'
- made by parliament
- can delegate law making power to subordinate bodies known as:
~ regulations. ~ orders in council. ~ local laws


Common law

- judge made law/ case law
- courts help develop the law by:
~ the process of interpreting the meaning of statues as they apply to individual cases
~ the declaration of common law


Criminal law

Regulates and protects the rights and welfare of society as a whole.
Types of crimes. Offences against:
~ the person ~ property ~ morality ~ the legal system


Offences against the person

Offences relating to action that results in some form of personal injury. E.g. Murder, rape, kidnapping, assault


Offences against property

Involving conduct that results in damage to or loss of property e.g. Theft, vandalism


Offences against morality

Concerned with maintains certain values in society e.g. Incest, street prostitution, bigamy


Offences against the legal system

Responsibility to participate as responsible citizens in the administration of justice e.g. Purjury, failure to appear for jury service


Civil law

Either CONTRACT LAW= concerned with legally enforceable agreement a between individuals
Or LAW OF TORTS= concerned with the wrongful actions of one individuals against another.
Types of torts:
~ negligence ~ nuisance ~ defamation ~ trespass



The actions of an individual who has failed to exercise reasonable care that adversely affect another individual



An individual interferes with another's enjoyment of their rights



An individuals damages the good name or reputation of another through false or misleading statements



An individual physically interferes with another person, their goods or land


The differences between criminal and civil law

Different procedures
Different consequences
Criminal law: enforced- police, CCO..., Prosecuted by the state, sanctioned via fine, CCO, imprisonment
Civil law: enforcement of an individuals rights, individual responsible for taking their case to court, receive monetary compensation or issue a court order to stop further infringement


Why do we need laws?

To achieve social cohesion - Laws enable individuals to work cooperatively towards meeting their needs for the benefit of all members of the community


The community will recognise the authority of the law if:

1- clearly sets out expected behaviour of individual members
2- provides a means by which disputes can be resolved
3- reflects the values of the majority of the community
4- provides a means for changing the law


Establishing expected behaviour

By stating the rights and responsibilities of individuals and societies, the law makes explicit the boundaries of behaviour, therefore the each member of the community knows what is expected of them. Normally by prohibiting disruptive behaviours and having sanctions. And protecting the rights of individuals and remedying it


Resolving disputes

The law provides a range of dispute settlements bodies e.g. Courts, tribunals to deal with problems that arise in the community, (also to stop people from solving their own disputes in any way)


reflecting values

the law represents the people and therefor their beliefs and attitudes about what is right. the law reflects a variety of values: social, moral, economic and political