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64602
Basic Legal Concepts
Description
Legal Studies Mind Map on Basic Legal Concepts, created by _sophiemaher on 01/05/2013.
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legal studies
legal studies
Mind Map by
_sophiemaher
, updated more than 1 year ago
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Created by
_sophiemaher
over 11 years ago
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Resource summary
Basic Legal Concepts
Meaning of Law
Any act of commission which breaches the acceptable code of society
Customs, Rules and Law
Customs: A tradition or a norm that is closely linked to religious, social or cultural practices.
Rules: Directions created in order to limit or control behaviour in certain circumstances if not obeyed.
Law: Any act of commission which breaches the acceptable code of society.
Values and Ethics
Values: A personal measure of right and wrong.
Ethics: A system of moral principles.
Characteristics of Just Laws
Laws must be discoverable meaning accessible; this means all people can read and understand them.
They must align with our values; this means incorporate our belief systems (religion).
Laws must create certainty by setting parameters and ensuring consistency.
Laws will protect from harm; protections for victims, perpetrators and society
Nature of justice: Equity, Fairness, access
Equity: Laws that don't discriminate and are applied equally
Fairness: Ensure a particular harsh effect on an individual and the right to appeal to a decision
Access: Ability to access the law, legal information and assistance to understand the law
Procedural Fairness
Assurance that a part to a dispute will be granted, the right to be heard, to a fair trial, and to an unbiased judge.
If there is a failure of natural justice, an avenue for appeal may open up
Anarchy
Failure of government
Tyranny
No distinction between law makers, law enforces and the courts. The fact that law enforces act arbitrarily and without fear of consequence
Rule of Law
No one is above the law; everyone is equal in the eyes of the law
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