1
Q
What are the functions of law?
A
- to reflect and protect fundamental beliefs of the community
- all behaviour is lawful unless prohibited by law
- establish and maintain social cohesion
- facilitate social progress within a diverse society
2
Q
What are laws made by parliament called?
A
Statue laws
3
Q
What are laws made by judges called?
A
Common law
4
Q
Who does the law apply to?
A
- Everyone, no one is above the law
- those who breach laws face sanctions such as fines, prison or community service
5
Q
What is it called when parliament allows other bodies (such as the states) to make laws?
A
Delegated legislation
6
Q
Why is social progress important?
A
- hope for future is a powerful force for good
- individuals have the ability to pursue own dreams and aspirations
- despair= rebellion and destruction
7
Q
How do we achieve social cohesion?
A
- Laws must be able to protect and preserve societal values and human rights
- Laws set acceptable standard of behaviour and prescribe the legal consequences for breaching them
- Laws create institutions of government to make laws and enforce them and got adjudicating bodies to bring about just outcomes to legal disputes that may arise
- Changing laws in an evolving society
8
Q
What are the rights of society that laws protect?
A
- political=right to vote
- moral=right to personal privacy
- social=marry the person of your choice
- economic=buy and sell property
- religious=freedom of religion
9
Q
What are customs?
A
- ways of behaving established through longstanding traditions
- not written down, past down
- enforced by social pressure rather than legal process
- Failure to abide = ridicule/exclusion
10
Q
What are rules?
A
- established to ensure smooth operation of society
- apply only to certain people at certain times
- recorded in written form or symbols eg. No smoking signs
- more enforceable than customs
- penalties include fines
11
Q
What are values?
A
- reflection of things considered important in society, often reflected in law
- will influence the legal system if a large portion of society holds a particular view
- opinions may be strongly divided in certain issues which make law reform challenging
12
Q
What are ethics?
A
- what society considers to be right and wrong
13
Q
What are the characteristic of just laws?
A
- It is equal and treats everyone the same, outcome is not necessarily equal
- Based on widely held value by most of society
- It is utilitarian, action achieved the greatest good for the greatest number of people
- Aims to redress inequalities
- Minimise delay, resolve disputes ASAP
- Must not be retrospective
- Must be known before they can be enforced
14
Q
What is justice?
A
- a combination of equality, fairness and access
- equality= laws do not discriminate, apply to all equally
- fairness= laws don’t have a particularly harsh effect on an individual, may be lost due to equality
- access= individuals must be able to access the law, information, assistance and understanding
15
Q
How can the effectiveness of the legal system be measured?
A
- resource efficiency
- accessibility
- enforceability
- responsiveness
- protection of individual rights
- meeting society’s needs
- application of the rule of law
- has justice been achieved?
16
Q
What is the purpose of having rules?
A
- to have order
- so people all have roles and responsibilities
- to work together for survival
- leader to ensure fairness and equality
- enforce rules and have consequences for breaking them
- keep society operating
- clear communication to everyone
17
Q
What is procedural fairness aka natural justice?
A
- fair treatment before the law
- right of a person to participate in legal proceedings
- right of defendant to know accusation and prepare defence
- right of defendant to have a hearing where evidence can be presented
- right to have trial free from bias
- personal views must be put aside and use only evidence from case
- right to test evidence presented (cross examination)
- right of accused to not have previous criminal activity brought up in trial
18
Q
What is the rule of law?
A
- key principle in democratic legal systems
- use of arbitrary power eliminated
- constitutions outline powers of governments
- laws must be known and application certain
- independent judiciary, not influenced by parliament
- controls placed on enforcement agencies (police) so power is not abused
- accused should not be forced to incriminate themselves
- legal defence for accused free to operate
- accused must be informed of allegations made against them
- criminal laws never retrospective
- governments bound by constitution
- human rights, particularly relating to freedom of association, speech and religion, are protected
19
Q
What is anarchy?
A
- when a society is left without an effective legal system
- common after times of war or natural disaster
- some obey laws for fear of consequences, when fear is removed, anarchy ensues
20
Q
What is tyranny?
A
- occurs when there is no check on the power of lawmakers and enforcers
- one person holds absolute power over the citizens in their country
- no rule of law
- power is taken rather than given by the people
- law enforcers act without fear of consequences
- no separation of powers, justice impossible
21
Q
What is a country where tyranny exists called?
A
A police state
22
Q
What is accessibility?
A
- opportunity a person has to use the legal system
- determined by cost (affordability), time and knowledge (understanding)
23
Q
Why is enforceability important?
A
- a law is less effective if people cannot be forced to obey it
- if a law is difficult to enforce or many people do not obey it, it fails
24
Q
What is responsiveness?
A
- refers to capacity of the law to respond to changes in society
- changing demographics means laws need to be constantly reformed and updated to stay relevant
25
Why do people obey the law?
- it makes them feel safe and secure
- laws are based on the customs and values of society
- penalties apply to those who fail to obey the law
Legal
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Decks in class (4)
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