Legal Foundations - L1 Customs Rules & Laws Flashcards
Why do we need laws?
- To protect the safety of people in the community.
- To recognise and protect the freedoms and interests of community members.
- To ensure that society functions properly.
- To produce fair outcomes.
What is social cohesion?
The ability of a community to live together in a peaceful, orderly, and harmonious manner by recognising that all people have rights and responsibilities.
What are customs?
Provide a definition and two examples.
Customs are socially acceptable habits that have become common practice.
Eg. Waiting your turn in queues, not picking your nose in public.
What are rules?
Provide a definition and two examples.
Rules are non legal guidelines which apply to a specific group of people.
Examples:
School rule - must not be late for class.
Household rule - no phones at the dinner table.
Sporting rule - no high tackles.
What are laws?
Provide a definition and two examples.
Laws are legal rules that everyone in society must follow.
Examples:
Criminal law - Murder, Theft, Assault
Consumer law - Laws governing how we buy and sell goods
Taxation Law - Laws for businesses & individuals regarding how much tax must be paid
What distinguishes a law from a custom or rule?
- Who has the authority to make it.
Laws = Parliament, courts & subordinate authorities. Rules = Schools, parents, sporting associations. - The consequences for breaking it.
Laws have legal consequences Eg. = Fine, CCO or Imprisonment
Rules have non-legal consequences Eg. = School detention, Sporting ban for a week, Parents confiscate mobile phone.
- Regulation - whose behaviour they regulate.
Laws = regulate the behaviour of all citizens
Rules = regulate the behaviour of the people they apply to. Eg. students at a school, children in a family or players of a particular sport.
What are the 5 characteristics of an effective law?
- Known
- Enforceable
- Reflects society’s values
- Stable
- Clear & understandable
Why is it important for laws to be known?
If people do not know what the law is, they will not follow it. Therefore, the government needs to make sure people are aware of laws that affect them. However, ignorance of the law is no excuse.
List 3 ways the government can ensure that people know about laws.
- Advertise on TV
- Advertise on radio
- Advertise on internet
- Billboards on freeway
- Billboards on buildings
- Signs
Why is it important that laws can be enforced?
So that justice can occur.
If a law cannot be enforced, people won’t respect the law and will break the law. This is likely to have a negative impact on other people / society.
Provide an example of a law that could be difficult to enforce.
Jay walking.
Getting a homeless person to pay their fine.
Why is it important that laws reflect society’s values?
So that people follow them. If laws are passed that don’t reflect the values of the majority of people then the law won’t be followed.
Provide two examples of laws that changed to reflect society’s changing values.
No smoking laws were introduced as society gradually realised that smoking is harmful to health.
Same sex marriage became legal to reflect society’s views that same sex couples should be able to have their marriages legally recognised in the same way that heterosexual couples could.
Why is it important for laws to be stable?
Laws should be stable so that people don’t get confused. If the law changes too frequently, people won’t be confident of what the current law actually is.
Why is it important for laws to be clear and understandable?
A lot of complex legal language is used when laws are drafted. The challenge is to ensure that the laws can be understood by those to whom they apply. This may require the government to undertake advertising campaigns to explain new laws in clear and simple language.
