unit 1 - the legal system Flashcards
(42 cards)
customs
traditional and widely accepted way of behaving or doing something that is specific to a particular society, place, or time
example - shaking hands when you greet someone in Australia
rules
set of explicit or understood regulations governing conduct or procedure within a particular area of activity
example - wearing the right school uniform at school
laws
system of rules created and enforced through social or governmental institutions to regulate behaviour
example - stopping at a red light when driving
values
principles, standards or qualities a society considers worthwhile or desirable
example - value life, freedom
ethics
rules or standards directing the behaviour of a person within a group of people; to do with what is considered right and wrong behaviour
example - taking someones life without permission for euthanasia
just law
laws that are consistent with the moral rights of persons and peoples, and that are implemented in conformity with the principles of natural justice
just law characteristics
- follows requirements of procedural fairness
- upholds and protects
- known and easily found by the public
- based on widely held values
nature of justice - equality2
the state of being equal or the same, especially in status, rights, or opportunities
nature of justice - fairness
impartial and just treatment or behaviour without favouritism or discrimination
nature of justice - access
the means or opportunity to approach or enter a place
procedural fairness (principles of natural justice)
key principles of procedural justice and fairness:
- transparency (being open and honest about case and identity)
- freedoms from bias (rights to have a decision made by an unbiased decision maker)
- the right to be heard (right to a fair hearing in court)
rule of law
political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws
anarchy
society being freely constituted without authorities or a governing body.
Can refer to a society or group of people that entirely rejects a set hierarchy - meaning “an absence of government”
tyranny
a government or ruler with total power.
example - country run by a cruel dictator (hitler over germany)
fairness
freedom from bias, dishonesty, or injustice; a concept commonly related to everyday activities
timeliness
Balance between the time required to properly obtain, present and weigh evidence, law and arguments, and unreasonable delay due to inefficient processes and resources (justice delayed is justice denied)
non-retrospective
A law can only be applied to an act that occurs after the law was adopted
natural justice
Rules against bias and the right to a fair hearing
binding precident
every court in a hierarchy is bound by that precedent (cannot divert from the precedent)
persuasive precedent
established by a superior court that is not higher in the hierarchy of courts. Precedents should be seriously considered but it is not required to be followed
Ratio decidendi
the essential legal reason why a judge came to a particular decision; this sets the precedent
Obiter dicta
what judges may say around the ratio, but it is not part of the judgment as it doesn’t form the principal (is persuasive argument however not binding)
defamation
the action of damaging the good reputation of someone
common law
laws made by judges
