Download - Basic Legal Concepts

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The Legal SystemSection 1 - Basic Legal Concepts, Mr Shipp - Term 1, 2016

Mr Shipp’s 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 the website and through the Facebook group

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. Dynamic.

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

different areas of law

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 public’s 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 no 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