Legal Studies Unit 1 - Key Concepts

Legal Studies Unit 1 flashcards covering key knowledge and concepts, including social cohesion, individual rights, the role of laws, and characteristics of effective laws.

Social Cohesion

Describes the willingness of members of a society to cooperate with each other in order to survive and prosper.

Individual Rights

An individual’s freedom to act in a social environment; actions or behavior that individuals can freely undertake, needed to pursue their lives and goals without interference and fundamental to a cohesive society.

Role of Laws

Provide guidelines on what is acceptable behaviour, establish a framework in which people live, set boundaries for behaviour, establish individual rights.

Role of Individuals

To be aware of the laws and abide by them, respect human rights, assist the police with their investigations, reporting crime, and using the legal system to resolve disputes.

Role of the Legal System

A set of methods and institutions which makes, administers and enforces laws. Includes courts, tribunals, and enforcement bodies which aim to deal fairly and justly with individuals who have broken the law or breached someone else’s rights.

Fairness (principle of justice)

Having a fair hearing and fair legal process; impartial treatment of people.

Access (principle of justice)

All people should be able to understand their legal rights and pursue their case.

Equality (principle of justice)

People should be equal before the law and have the same opportunity to present their case as anyone else, without advantage or disadvantage.

Effective Law - Reflect society's values

If a law is in line with society’s current values, then members of society are more inclined to follow that law than disregard it. Laws need to change when society’s values change.

Effective Law - Be Enforceable

If people break the law, it must be possible to catch and punish them, or sue them in a civil case.

Effective Law - Be Known

If people do not know about a new law, they will not be able to follow it.It is the responsibility of individuals to find out what the law is.

Effective Law - Be Clear and Understood

Law needs to be written in a way that means that people can understand it, and it is clear what its intent is. If a law is ambiguous, unclear, or written in language that people don’t understand, it is possible people won’t follow it and the law will be ineffective.

Effective Law - Be Stable

If the law were constantly changing, no one would be certain what the law was, and it may not be as effective as a law that has remained constant for some time.