HCL001 TOPIC 2 (final)

justice

Justice is fairness

contract

agreement betw 2/more parties w intention to have legal effect

4 elements of contract

1.   Offer

2.   Acceptance

3.   Intention

4.   Consideration

morality

your own feelings. Inner feelings, moral thinking/feeling aka subjective thinking

why do people go to court?

to seek what the law says

(court decisions bring out law, not necessarily truth)

civil vs criminal matters

Civil matters = to do w claim of rights

Criminal matters = violation of crimes act 2013

subjective vs objective thinking

“subjective thinking” = your own personal thinking

“objective thinking” = people’s thinking

3 arms of gov & functions

1.   Parliament – Make laws

2.   Government (PM & Cabinet) – Implement laws

3.   Judiciary (Courts) – Interpret law

moral vs ethical thinking

“moral thinking” = your own personal thinking & opinions (subjective thinking)

“ethical thinking” = to do w standard of conduct

defamation

insulting & belittling another person's rep

-        CIVIL matter

primary sources of law + exs

Places where law is found stated directly by public authority

-        Legislation

-        Decision of courts

secondary sources of law + exs

comments on law, not actual laws

-        Text books

-        Articles on contract law

law of torts vs criminal law

“law of torts” = ab civil remedies

“criminal law” = ab public penalties

2 types of tort

1.   ASSAULT: involves threat of striking another person w/o consent

2.   BATTERY: involves actual & intentional striking of another w/o consent/other legal justification

moral vs ethical vs legal approach (+ unethical approach)

Moral approach: who's right & who's wrong?

Ethical approach: proper standard of conduct in terms of right & wrong?

Legal approach: resolving a problem ethically might not be the same thing as solving it legally, even tho there are often many similarities in approach

“unethical approach” = to do w improper standard of conduct