Basic Legal Concepts

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  • The Legal SystemSection 1 - Basic Legal Concepts, Mr Shipp - Term 1, 2015

  • Mr Shipps hint and tips

    Organise yourself by using the syllabus. As you complete each dot point, mark it off so you know where the course is currently placed!If you are away from class it is your responsibility to keep up to date. Resources will be available on moodle and my websites

  • Moodle - Year 11 Legal Studies!

    http://www.newtown-h.schools.nsw.edu.au/moodle/ !

    Wikispace - Year 11 Legal Studies!

    http://year11-legalstudies.wikispaces.com/ !

    Slideshare !

    http://www.slideshare.net/adeshipp/

  • Main Syllabus

    Hint: Learn your syllabus points and you are one step away from doing well in assessment

    tasks

  • Meaning of LawLaws evolve from traditions, cultures and values!Law is a set of enforceable rules of conduct which set out guidelines for the way individuals and society behave!The law is always trying to keep up to date with the changing society we live in

  • What is the Law?

  • Customs

    Customs are collective habits or traditions that have developed in a society overtime!Customary law are principles and procedures that have developed due to customs of people or a nation!Nation-State refers to a politically independent country

  • Australian Identity

  • Laws and RulesLaws Rules

    Laws are enforceable Rules are used in certain circumstances e.g classroom

    Laws are binding on the whole community Rules can be easily changed by the

    group in chargeLaws reflect the publics interest

    Laws can be made by parliaments (statutes) Rules may only exist in certain

    areas e.g PlaygroundLaws can be made by Judges (precedents)

  • Classroom Rules

  • Values and Ethics

    Values - fundamental beliefs of a person or social group!Ethics - based on ideas of right and wrong within society

  • Why is it difficult to make laws based on values and ethics?

    Discussion Time:

  • Lady Justice

    Sword - Punishment

    should be given out with reason

    Blindfold - Justice should

    be objective

    Scales - Cases should be balanced

  • Characteristics of a Just Law

    Just Laws must be:!Enforceable be able to be obeyed!Acceptable obeyed by majority of society!Discoverable laws cannot be a secret

  • The following are essential to ensure justice can be achieved:!

    equality that all people are treated in the same way, without unfair advantage or disadvantage!

    fairness that the legal system is free from bias, dishonesty or injustice!

    access the right or opportunity to make use of something, particularly access to the legal system

    The Nature of Justice

  • philosophy of ensuring an action achieves the greatest good for the greatest number of people

    Utilitarianism

  • political philosophies that uphold liberty as the highest political end.This includes emphasis on individual liberty, political freedom and voluntary association.

    Libertarianism!

  • Political Spectrum

  • Laws are made for the majority (Unknown)!

    An unjust law is not law at all (St Augustine)!

    At his best man is the noblest of all animals; separated from law and justice he is the worst (Aristotle)!

    The laws that protect us also make us bored (Unknown)!

    Where the law ends, tyranny begins (John Locke)

    Legal Quotes

  • Even if you are a minority of one, the truth is the truth (Mohandas Gandhi)!

    Laws made by common consent must not be trampled on by individuals (George Washington)

  • Natural Justice (Procedural Fairness)

    For justice to be achieved, there must be fairness in the processes used to resolve disputes. !The two essential features of a fair and just process are:!

    the right to be heard!the right to have a decision made by an unbiased decision-maker

  • The Rule of LawThe rule of law requires that no one is above the law. !

    This includes those who make the law and enforce the law!

    Arbitrary power Is making decisions without any reference to the law!

    In Australia the use of separation of powers under the constitution maintains the rule of law

  • An Independent Court System!Controls placed on enforcement agencies!The Parliament is bound by the constitution

    Key Features of the Rule of Law

  • Rule of Law in Australia

  • Marcus Einfield

  • 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 for those who fail to obey the law

  • Anarchy and Tyranny

    Anarchy is the absence of laws and government!A state of anarchy can sometimes break out after a major disaster or a war!

    in 2005 in New Orleans after Hurricane Katrina, violence and looting became widespread

  • Tyranny - Cruel and oppressive government or rule e.g Stalin, Hitler!Countries where tyranny exists are often called police states. Rule of law does not apply

  • Case Law