Introduction to the law Subtitle Why do we need laws? Understand the problems that result in a society with no laws. Can explain why we need to balance the rights of individuals and societies need for order. Have considered the morality of your own decision making. Explore attitude to crime and consequences –white collar crime vs benefit crime. Understand the term Rule of Law. Understand the term Just and Equitable. To understand the difference between a social, legal and natural justice issue. A society with no laws, group mentality https://www.youtube.com/watch?v=eYhUytwoWOA Seeking a balance between the rights of individuals and societies need for order Have you heard anyone say “its my land so I can do what I like?” “Its my house I can do what I like?” What if that was paining it glow in the dark yellow, is that ok? There has to be restrictions as an individual actions can have an impact on others. Neighbours would be kept up at night for example. How does morality play are role in law making? 1 What would you do in the following cases? 2 What factors do you think would influence your behaviour? Extra change is given to you by a shop assistant Different people have different ideas about what is moral and what is immoral Different people have different ideas about what is moral and what is immoral 1 What would you do in the following cases? 2 What factors do you think would influence your behaviour? you walk out of a coffee shop without paying your bill, because staff are in the kitchen Different people have different ideas about what is moral and what is immoral 1 What would you do in the following cases? 2 What factors do you think would influence your behaviour? More money is given to you by the automatic teller machine than you have withdrawn from your account Which is more immoral, tax evasion or benefit fraud? Benefit fraud vs white collar fraud http://www.stuff.co.nz/dominionpost/news/88924330/Benefit-fraud-v-tax-avoidance-whyis-one-dealt-with-more-harshly-by-courts Task: Read the article and answer the questions that follow. Keeping up with societies changing morals Society is changing all the time. There are many laws that made perfect sense 100 years go but are beyond bizarre today. QUIZ – which of these crimes are real offences still on statute books or offences made up by me? Society will put pressure on law makers (Govt) to take account of their changing needs. MPs can then suggest changes to the law as a private members bill. This may be an issues that is important in the area for that MP in particular or something close to their heart. The government also has review committees who address recommendations of bodies like the Law Commission. Follow the link to read about the difference between a rule and a law. Note down the 10 key points mentioned in the reading. http://www.differencebetween.net/language/difference-between-rules-andlaws/ What is the Rule of Law and why is it so important? Watch the video from the Rule of Law Institute Australia which explains the term the Rule of Law and answer the questions on the accompanying worksheet. https://www.youtube.com/watch?time_continue=241&v= 0Hubr8mZlIc What are the characteristics of an effective law? There are 7 characteristics of an effective law. Write these into your notes. 1. Known to the public 2. Acceptable in the community 3. Able to be enforced 4. Stable 5. Able to be changed 6. Applied consistently 7. Able to resolve disputes Complete the mix and match activity and take a photo to insert into your notes. Laws should be applied in a manner that is “JUST AND EQUITABLE” Justice of the individual case refers to justice objectively and consistently evaluated and applied according to law and established principles. Equity comes from moulding the application to the particular circumstances and consciences of individual persons. The phrase ‘just and equitable’ does not dispose of the need for a cause of action. It does not mean that a decision should be based on the judge’s personal view of a fair outcome. Case Fact File – Fill in the fact file for the given case. This case evidences how the principle of Just and Equitable can be applied. https://www.michaellynchfamilylawyers.com.au/noproperty-split-after-12-year-defacto-relationship/ Task: Look through the news papers and cut out issues that are either social issues, legal issues or natural justice issues. Produce a display for the wall the distinguishes between social issues, legal issues and natural justice issues. Note: Natural justice is another way to say “the rule against bias and the right to a fair hearing”. This involves the need to maintain public confidence in the legal system. Issues such as name suppression, coroners inquiries etc. Social issues are those that effect society as a whole. This could be in a community, school or wider society such as a state or country. For example high unemployment, lack of bus services etc. Legal Issues are disputes or crimes that are based on written law. Practical Application: Complete activity 7.2 from the textbook on pages 111-112 and question 3 from page 113.