The Legal System

Question 0

What are the characteristics of a custom?

Answer 0

Develop over time
Often not written down
Established way of behaving
Eve loved from tradition, culture and value

Question 1

Characteristics of a law

Answer 1

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

Question 2

What customary laws is Australia law based off?

Answer 2

Aboriginal and Torres Strait Islander
English
International

Question 3

Characteristics of a rule

Answer 3

Specific to certain areas
People choose to be part of the group with the rules
Easier to change than laws

Question 4

What is an example of a law?

Answer 4

The Crimes Act 1900 (NSW)

Question 5

Values

Answer 5

Incorporated into law
No punishment unless it is a law
Only corporates in laws if it is a belief held by the majority

Question 6

Interesting Value Fact

Answer 6

People applying for a visa have to sign the Australia Values Statement; it is not legally binding

Question 7

Example of breaking a value

Answer 7

Kicking a pensioner out for not paying the rent

Question 8

Ethics

Answer 8

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

Question 9

Example of an ethic

Answer 9

Australian Medical Association has a code of ethics that must be followed or Doctors are deregistered

Question 10

What is the difference between a moral and an ethic?

Answer 10

Morals are what you think, ethics are what you do

Question 11

Characteristics of a Just Law

Answer 11

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

Question 12

How do you make sure the laws are just?

Answer 12

They are about doing the right thing or everyone

Need to constantly consult people, to make sure the law is still serving them

Question 13

Nature of Justice Equation

Answer 13

Equality + Fairness + Access = Justice

Question 14

Examples of lack of equality

Answer 14

Same sex marriage

2% vs 25% aboriginals in jail

Question 15

Examples of fairness, or lack there of

Answer 15

Case by case basis
Young people
Refugees
Asylum seekers

Question 16

Examples of access or lack there of

Answer 16

Awareness of laws
Children
POC
Rural
Homeless

Question 17

Access Example

Answer 17

There are 200 community Legal Centres in Australia. These are still overfilled and people are getting turned away.

Question 18

Questions to consider about justice

Answer 18

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?

Question 19

While the law arrive for equality it must…

Answer 19

Take into account peoples different capacities
Mental Illness
Doli Incapax

Question 20

Doli Incapax

Answer 20

Children under 10 years old cannot be held responsible for their actions