The Influence Of Law

Submitted By soniakhan2204
Words: 959
Pages: 4
Open Document
Part 1 law and society
Law and justice
• The essential influence of law o Concept of the rule of law
• A set of rules which embodies the following
• No one above the law e.g. bane Marama
• Independence of the judiciary
• The concept of a fair trial
• Individual rights to arrest and questioning procedures
• Provision of legal aid for those who can afford there own defence
• The right not to incriminate one self
• Right of the accused to provide a defence that is free from state interference
• The right of the accused to be informed of the alleged crime with which they are being charged
• E.g. Haiti (breakdown of rule of law) cause by earthquake resulting in death. Implications: disobedience of the law, quest for survival(food, water, shelter), law enforcement agencies become dysfunctional, blood shed and rape

• The definition of law has 2 common themes o Law is enforceable and it must be publicly known

• Today legal authorities of the government can be challenged through a number of mechanisms such as o Ombudsman o Administrative tribunal o Special inquiries such as ICAC o Privacy bodies

• Social, cultural, political and economic influence
• Social- a combination of cultural, moral and intellectual forces that affects the way you view society we live in and the law making process. Influenced by debates present in society e.g. female equality, aging labour forces
• Moral- laws influenced by ethics or morals held by majority or politicians themselves religious basis of law in history, law reform in areas of family law, influence laws based on morality( abortion)
• Political- refers to the views held by politicians and political parties on which laws need amendment.
• Cultural- law is a reflection of a particular society and how to do things. Usually influenced by religion and traditions. multicultural society, historical influence of law, different cultures bring different values to law
• Economical- influenced by big companies and economic players. E.g. ama (Australian medical association) pushed gov to retain laws so that they take out private health cover.

o Nature of law
• Development of law as the reflection of past and present society
• Inheritance of common law from Britain as Australia was there colony
• E.g. presumption of innocence until proven guilty. Laws are present to protect Australia’s multicultural society
• Legal personnel( people in court)
• Legal jargon which has also been inherited from Brittan
• There are federal and state courts in aus
• Dry country so there are periodic restrictions
• Greater acceptance of homosexuals and the law is more accommodating towards them

• The purpose of different types of laws
• Domestic laws o Only operates within the boundaries of the country or entity. E.g. native title act 1993, sex discrimination act 1967

• International laws o These laws that regulate the behaviour of nations toward each other e.g. croc, the convention on the elimination of all forms of discrimination

• Public and private law o Private law- is the law of contract or tort. Developed in response to private individual actions of domestic citizens that Is private law evolves from the interactions of private actions

o Public law- is constitutional law, administrative law and criminal law. Governs the conduct of gov law making and administrative institutions and providing guidelines to individuals about there behaviour

• Civil and criminal law o Civil- gives judges a more active role during the trial based on a detailed written code and applied by the judge

o Criminal- part of our public law involves prosecution by the state individual for the breeches of the peace. The prosecution has the burden of proof in criminal matters and must prove its case to the standard of beyond reasonable doubt
Show More

Related Documents: The Influence Of Law

Legal Studies Notes Essay

conduct of a person or the members of a profession; (2) a major branch of philosophy which investigates the nature of values and of right and wrong conduct. Justice- The legal principle of upholding generally accepted rights and enforcing responsibilities ensuring that equal outcomes are achieved for those involved. Legal System- The system of courts, prosecutors and police in a country. Equality-The state or quality of being equal that is, having the same rights or status. Fairness- Free…

Words 1373 - Pages 6

Legal Unit 3 Notes Essay

Legal UNIT 3 NOTES AOS 1 5 PRINCIPLES OF THE AUSTRALIAN PARLIAMENTARY SYSTEM 1. REPRESENTATIVE GOVERNMENT: Elected members of govt. must represent the views of the people that voted them in (in their electorate or region) and act on their behalf HOW Rep govt. is achieved through elections, government voted in represents the views of the majority of people who voted Members of govt. come from the party with the majority members elected (via the exhaustive preferential system) into the lower…

Words 5832 - Pages 24

Essay about Legal Studies Notes

PART A:: THE LEGAL SYSTEM TOPIC 1: BASIC LEGAL NOTIONS o Anarchy, custom, rules, law, fairness, equality + justice, values and ethics Anarchy: The situation that exists in a society that does not have laws or state rule Custom: The collective habits, or traditions, that have been developed by a society over a long period of time Rules: The authoritative regulation of behaviour Fairness: The legitimate and proper conduct in the performance of an act or duty Equality: Suggests that everyone…

Words 6720 - Pages 27

A Brief Note On Legal Risk And Regulation In Mongolia

Legal risk and Regulation Mongolia Mongolia has transformed itself a socialist country to a vibrant multiparty democracy and try to open its market in recent decades. Mongolian government established Law on Foreign investment in 1993 to promote foreign investment, protect right and assets of investors, and regulate relations pertaining to foreign investment. With its open-market economy, Mongolia has improved its economy rapidly, and then it became a member of World Trade Organization in 1997…

Words 851 - Pages 4

Outline: Law and Lecture Essay

PERTH INSTITUTE OF BUSINESS & TECHNOLOGY LAW1100D – LEGAL FRAMEWORK UNIT OUTLINE – TRIMESTER 2, 2013 DESCRIPTION: Welcome to Legal Framework. This unit serves as an introduction to important themes relevant to the legal framework of business – that is, the structure of laws within which business decisions are made. Included in the unit are discussions on historical legal issues, the institutions in the Australian legal system, the jurisdiction of the major courts and tribunals in…

Words 2818 - Pages 12

Introduction To Business

NOTES JULY 1, 2013 INTRO TO BUSINESS LAW INTRO TO BUSINESS ASSOCIATION An organization involved in trade of goods, services, or both to consumers. WHAT IS AN AGENCY An agreement between 2 people when one agrees to represent or perform an act for another The employer is the principle The employee is the agent The principle has to be at the age majority and must be legal components To be a principle you have to be legally competent EMPLOYER Is the Principle EMPLOYEE Is the agent AGENTS…

Words 4204 - Pages 17

Martha Markum's Case Paper

timely manner. Dr. Jackson’s progress notes make me question whether there was an actual head to toe assessment performed because the wording of his progress notes very seldom changed. There are inconsistencies between the nurse’s notes and the physician’s progress notes. For example, Dr. Jackson charted the chief complaint of congestion, but stated, “No rales,…

Words 1749 - Pages 7

The Requirements Of You And Your Learners For Effective Learning

teaching sessions in a row, without authorisation from your tutor, you will be withdrawn from the course. If you miss any three weeks, whether consecutive or not, you will be withdrawn from the course. Please note that authorisation for absence is given in only exceptional medical or legal circumstances, and not because of work, minor ailments or family commitments. 3. Students are expected to: participate fully in the learning process including on-line and during classes; switch off…

Words 2389 - Pages 10

Essay on Generally Accepted Accounting Principles and Net Operating Income

Address:____________________________ Type:______________________ Purchase Price -----> $0 OPERATION COSTS: Annual Cost Down Payment -----> $0 Other Acq. Costs --> $0 Management $0 Cash In > $0 Accounting $0 Annual Legal $0 Vacancy & credit loss % as whole #, will convert to % ---> 0 $0 $0 Gross Potential Income ---------------> $406,450 $0 Gross Operating Income -------------> $406,450 Total Operating Exp ----> $0…

Words 1171 - Pages 5

Essay about Contemprory Development

marks) Examination based on pre-prepared notes (Up to three hours) This is an open book examination. As such you may take into the exam notes comprising of no more than ten sheets (therefore twenty sides – double sided) of A4 white paper with handwritten (or typed in font size 8) notes. Your notes must include a clearly identified summary of your chosen organization or industry sector (no more than 400 words). You will be able to take these notes into the examination room and they must be handed…

Words 786 - Pages 4