The Legal System

Question 1

What is the meaning of law

Answer 1

A set of rules imposed on all members of society, officially recognised, binding and enforceable

Question 2

Customs (definitions, how are they created, enforcement)

Answer 2

Collective social etiquettes that develop over a long period of time e.g. Handshake. Created by General usage and enforced by social acceptance

Question 3

Rules (definition, creation, enforcement)

Answer 3

A set of principles that outlines a groups behaviours (social conduct). Created and enforced by leader of group

Question 4

Values

Answer 4

Individual morals

Question 5

Ethics

Answer 5

Community morals/what is socially acceptable

Question 6

Define justice

Answer 6

Fair and impartial treatment of all persons, especially under the law

Question 7

What three aspects make up the nature of justice

Answer 7

1. Equality
2. Fairness (e.g. Doli incapax)
3. Access

Question 8

What is procedural fairness

Answer 8

The right to be

• heard by an unbiased 3rd party
• right to a fair decision

Question 9

Define natural justice

Answer 9

An unbiased opinion

Question 10

What is the rule of law

Answer 10

No one is above the law

Question 11

Example of the rule of law in practise

Answer 11

Peter slipper: former independent member of HOR, charged in 2013 with dishonesty. Received 300 hrs community service and a two year behaviours bond. Must repay $954

Question 12

Define anarchy

Answer 12

State of lawlessness

Example: Ukraine Kiev, rebellions. Current government does not have control

Question 13

Define tyranny

Answer 13

Abuse of power, corruption

Example: North Korea, Kim family. 120,000 people in prisons (torture and rape)

Question 14

describe British common law

Answer 14

Anglo Saxon England (11th century). Travelling judges created precedent. 15th century chancellors: in disputes of equity v percent; precedent wins