STUDY UNIT 2: LAW AND JUSTICE Flashcards
DEFINE JUSTICE
justice is regarded as fairness or moral rightness
DEFINE DISTRIBUTIVE JUSTICE
means there’s equal distribution of justice amongst equals
CORRECTIVE JUSTICE
it aims to restore inequalities
LEGAL PROCESS
procedure followed during a legal case
PROCEDURAL/ADJECTIVE LAW
is concerned with how one goes about enforcing or protecting rights and duties.
it also comprises of legal rules and processes according to which a court reaches a decision.
MATERIAL/SUBSTANTIVE LAW
consists of material of legal rules
it’s a set of rules that define rights and duties
DESCRIBE PROCEDURAL LAW
it comprises the rule which a court hears and determines what happens in a civil lawsuit, criminal or admin proceedings.
the rules are designed to ensure a fair and consistent application of due process to all cases brought to court.
it determines how the law should be applied.
DESCRIBE SUBSTANTIVE LAW
it’s the area of law that governs rights and obligations of those who are subject to it.
it defines the legal relationship of people with other people or the state.
basically where you stand with the law. LOL.
DIFFERENCE BETWEEN LAW AND JUSTICE
law is a system of rules developed to govern behavior.
justice refers to the concept based on equality, fairness and morality.
FACTORS OF THE LAW AND FORMAL JUSTICE
ensures there’s no force or undue influence that may be used to induce a person to confess to a crime
ensures all cases are handled the same way
a person is innocent until proven guilty
a person must appear in court within a reasonable time & be granted a right to an attorney
DEFINE LAW AND CERTAINTY
it means that the law is predictably and consistently applied, meaning the law is fixed and certain.
HOW LEGAL PRACS USE LAW AND CERTAINTY
legal pracs need to know what the legal position one is in in order to give advice o clients and plan their lives
FACTORS OF LEGAL CERTAINTY
language: all words must be correctly interpreted
changing values: have an influence & need to be taken into account when judging
judicial discretion: a judge’s power to make a decision based on his or her individualized evaluation, guided by the principles of law
