Basic Legal Concepts

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Basic Legal Concepts Core Part 1: The Legal System

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Transcript of Basic Legal Concepts

Page 1: Basic Legal Concepts

Basic Legal ConceptsCore Part 1: The Legal System

Page 2: Basic Legal Concepts

The 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

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CustomsCustoms are collective habits or traditions that

have developed in a society overtimeList 3 customs in Australia

Customary law are principles and procedures that have developed due to customs of a people or nation

Nation-State refers to a politically independent country

Singing National Anthem

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RulesRules are prescribed

directions for conduct in certain situations. E.G classroom rules, sport rules

Rules form the basis of laws and can be easily changed by the group in charge – they are not enforced by the state

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Laws and RulesLaws are different to rules

Laws are enforceable

Laws are binding on the community (applies to whole members)

Laws can be enforced

Laws are accessible (they can be found)

Laws reflect the public’s interest

Laws can be made by governments (statutes), Judges (precedents)

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ScalesBalances the support and opposition of a case

BlindfoldBlinded to bias objective decisions

SwordDelivers appropriate punishment

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Values and EthicsValues - beliefs of a person or social group

Ethics - based on ideas of right and wrong

Discussion Time:

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

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Characteristics of Just Laws

‘Justice’ involves the fair and impartial treatment of all people under the law. It is the role of the legal system to achieve justice for all people in society.

Just Laws must be:Enforceable – be able to be obeyedAcceptable – obeyed by majority of societyDiscoverable – laws cannot be a secret

‘AN UNJUST LAW IS NO LAW AT ALL’ St Augustine

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The Nature of JusticeThe 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

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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

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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

So why do people obey 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

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Anarchy and Tyrannyanarchy 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