Basic Legal Concepts
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Basic Legal Concepts Presentation Transcript

  • 1. The Legal System Section 1 - Basic Legal Concepts, Mr Shipp - Term 1, 2012Tuesday, 6 March 2012 1
  • 2. 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 moodle and my websitesTuesday, 6 March 2012 2
  • 3. Moodle - Year 11 Legal Studies http://www.newtown-h.schools.nsw.edu.au/ moodle/ Wikispace - Year 11 Legal Studies http://year11-legalstudies.wikispaces.com/ Slideshare http://www.slideshare.net/adeshipp/Tuesday, 6 March 2012 3
  • 4. Main Syllabus Points Hint: Learn your syllabus points and you are one step away from doing well in assessment tasksTuesday, 6 March 2012 4
  • 5. Meaning of Law Laws 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 inTuesday, 6 March 2012 5
  • 6. What is the Law?Tuesday, 6 March 2012 6
  • 7. 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 countryTuesday, 6 March 2012 7
  • 8. Australian IdentityTuesday, 6 March 2012 8
  • 9. Laws and Rules Laws Rules Rules are used in certain Laws are enforceable circumstances e.g classroom Laws are binding on the whole community Rules can be easily changed Laws reflect the public’s by the group in charge interest Laws can be made by parliaments (statutes) Rules may only exist in Laws can be made by certain areas e.g Playground Judges (precedents)Tuesday, 6 March 2012 9
  • 10. Classroom RulesTuesday, 6 March 2012 10
  • 11. Values and Ethics Values - fundamental beliefs of a person or social group Ethics - based on ideas of right and wrong within societyTuesday, 6 March 2012 11
  • 12. Discussion Time: Why is it difficult to make laws based on values and ethics?Tuesday, 6 March 2012 12
  • 13. Sword - Blindfold - Punishment Justice should should be given be objective out with reason Lady Justice Scales - Cases should be balancedTuesday, 6 March 2012 13
  • 14. 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 secretTuesday, 6 March 2012 14
  • 15. The Nature of Justice 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 systemTuesday, 6 March 2012 15
  • 16. Utilitarianism philosophy of ensuring an action achieves the greatest good for the greatest number of peopleTuesday, 6 March 2012 16
  • 17. Tuesday, 6 March 2012 17
  • 18. Legal Quotes Laws are made for the majority (Unknown) An unjust law is not 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)Tuesday, 6 March 2012 18
  • 19. 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)Tuesday, 6 March 2012 19
  • 20. 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-makerTuesday, 6 March 2012 20
  • 21. The Rule of Law The 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 lawTuesday, 6 March 2012 21
  • 22. Key Features of the Rule of Law An Independent Court System Controls placed on enforcement agencies The Parliament is bound by the constitutionTuesday, 6 March 2012 22
  • 23. Rule of Law in AustraliaTuesday, 6 March 2012 23
  • 24. Marcus EinfieldTuesday, 6 March 2012 24
  • 25. 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 lawTuesday, 6 March 2012 25
  • 26. 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 widespreadTuesday, 6 March 2012 26
  • 27. 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 applyTuesday, 6 March 2012 27
  • 28. Case LawTuesday, 6 March 2012 28