Legal Studies Exam 1 (Part One)

(First 2 Pages of Syllabus)

What is the Meaning of Law (Define Law)

A system of rules created and enforced by governments to maintain order, protect rights, and resolve disputes in a society.

Customs (Define)

• Not Law Enforceable

• Applies to Everyone

• Societal Norms

• Family Influence

• Expectations of Individuals

Rules (Define)

• Clear Instructions or Guidelines

• Established by Authority

• Only Applicable to certain people in a specific place or situation

• Not law Enforcable

Law (Define)

• Enforceable by law

• Serious consequences if broken

• Apply to everyone in a certain jurisdiction

Values and Ethics (Define)

Ethics refer to the moral principles that guide behavior, especially for lawyers and legal professionals.

Values are the fundamental beliefs and ideals that shape an individual's sense of right and wrong.

Both ethics and values are crucial for upholding the integrity of the legal profession and ensuring fair and just outcomes. 

Values

• Prioritising significance of moral choice

• usually individuals

Ethics

• Instruct people on what is right and wrong in certain situations

• Usually more common/societal

Characteristics of Just Laws

• known to the public

• widely accepted

• provide stability and accessibility

• Follows the requirements of procedural fairness

• allows for different levels of severity

• upholds and protects human rights

Nature of Justice (Define)

• Equality

• Fairness

• Access

• Equality - Equal treatment, people who are in similar situations are treated equally

• Fairness - Impartial and just treatment or behaviour

• Access - The means or oppportunity to obtain or receive legal assistance

Procedural Fairness (Define and Discuss)

• the right to know what you are accused of ( and who is accusing you)

• the right to appeal

• the right to a fair hearing

• Ensures transparency in the legal system

• Ganeef (2007)

Anarchy (Define)

Anarchy refers to a situation where there is no government or law enforcement. It’s a state of lawlessness or disorder, where individuals or groups act without any authority or formal rules to govern their actions.

Tyranny (Define)

Tyranny is when a government or leader has absolute power and uses it in a cruel or oppressive way. It often involves ignoring laws, violating rights, and controlling people through fear or force. The government is typically not accountable to the people.