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Legal Syllabus Essay

7408 words - 30 pages

Chapter 1- Basic Legal Concepts VYBBJ-TRJPB-QFQRF-QFT4D-H3GVB Define law:A set of legal rules by the government which implies on all of society and is enforced on by the enforcement officials, examples: police, courts…….. If these laws are broken they can be punished for.Distinguish between customs, rules, laws, values and ethics:A custom is a habit that develops due to your culture, tradition, community etc. such as shaking of hands to greet or kissing on cheeks. Whereas a rule has to be followed by those in the community or situation which the rules apply such as shopping centres and school, these may be punished by the leader of the organization. A law must be followed by everyone and can be punished if broken. A value is what an individual believes is right and lives by whereas an ethic is what the government and society believes is right.Describe the characteristics of just laws and the nature of justice:Laws have many characteristics which are important to achieve justice. A just law needs to be easily accessible, relates to the public interest, apply to all members of society. The laws are enforceable and laws are officially recognized by courts, and the parliament, laws impose rights and responsibility on all people. The nature of justice also has characteristics which are important, these are; equality, treating everyone the same way with respect and no one enjoys unfair advantages or suffers unfair disadvantages. Fairness; the freedom from bias, dishonesty and injustice. Access, the opportunity to use something, everyone has access to the laws.Define and investigate procedural fairness and the rule of law:Procedural fairness refers to the idea that there must be fairness in the processes that resolve disputes. An example would be if two students are caught for plagiarizing then they should both get the same punishment but due to one of the students being related to the principle they get an easier punishment. The rule of law is that no one is above the law, which means that no one gets an easier trial/ punishment.Define anarchy and tyranny:Anarchy is the absence of laws, which can create chaos within society. The laws are no longer enforced. An example is in 2005, hurricane Katarina in New Orleans slipped into brief state of anarchy as people were taking the law into their own hands. Tyranny is when a nation state/country is ruled by a single leader holding absolute power. Tyrants ignore the rule of law, procedural fairness etc. Some examples are; Saddam Hussein in Iraq (2003), Hitler (1939-1945- WW2), and Syria's "Assad" Regime.Chapter 2- Sources of contemporary Australian lawOutline the origin of common law:After the Norman's invaded England in the 11th century, they began a system of travelling judges who applied common set of laws to all areas of England. Petitions from people who felt that the local courts had been unjust were dealt with on the premise that similar cases should be treated in a similar way. Judges...

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