The Legal System Flashcards
(21 cards)
What are the characteristics of a custom?
Develop over time
Often not written down
Established way of behaving
Eve loved from tradition, culture and value
Characteristics of a law
Binding on the whole community Enforceable Officially recognised Relates to public interests Reflects rights and duties Made by officials Can be punished by the state Applies to everyone
What customary laws is Australia law based off?
Aboriginal and Torres Strait Islander
English
International
Characteristics of a rule
Specific to certain areas
People choose to be part of the group with the rules
Easier to change than laws
What is an example of a law?
The Crimes Act 1900 (NSW)
Values
Incorporated into law
No punishment unless it is a law
Only corporates in laws if it is a belief held by the majority
Interesting Value Fact
People applying for a visa have to sign the Australia Values Statement; it is not legally binding
Example of breaking a value
Kicking a pensioner out for not paying the rent
Ethics
Incorporated into the law if it is held by the majority
Correct way of behaving in a certain situation
Punishment for not behaving ethically is generally a warning or being fined
Example of an ethic
Australian Medical Association has a code of ethics that must be followed or Doctors are deregistered
What is the difference between a moral and an ethic?
Morals are what you think, ethics are what you do
Characteristics of a Just Law
Is known to the public Widely accepted Provides stability and predictability Flexible enough to provide justice in different situations Follows procedural fairness Allows for different levels of severity Upholds and protects human rights Is not applied retrospectively
How do you make sure the laws are just?
They are about doing the right thing or everyone
Need to constantly consult people, to make sure the law is still serving them
Nature of Justice Equation
Equality + Fairness + Access = Justice
Examples of lack of equality
Same sex marriage
2% vs 25% aboriginals in jail
Examples of fairness, or lack there of
Case by case basis
Young people
Refugees
Asylum seekers
Examples of access or lack there of
Awareness of laws Children POC Rural Homeless
Access Example
There are 200 community Legal Centres in Australia. These are still overfilled and people are getting turned away.
Questions to consider about justice
Can people access legal information?
Can people get proper representation and the justice they seek?
Can they get justice in a reasonable amount of time?
Is there physical access to the legal system?
While the law arrive for equality it must…
Take into account peoples different capacities
Mental Illness
Doli Incapax
Doli Incapax
Children under 10 years old cannot be held responsible for their actions
