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A good way to study - Law&Soc/Human Rights (1 Viewer)

goan_crazy

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still waiting said:
tort is a civil wrong ie something done to the public by a large company or the council etc
property covers any misuse/damage to items owned by someone
and contract is a breach of an agreement between two people either verbal or non verbal.....
i think thats what it is anyways, oh wise one reveal your answers......;)
well done Tash. thats right
next question:
Which of the following is an example of tort law:
a) nusiance
b) defamation
c) both a and b
d) neither a or b
 

roadcone

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goan_crazy said:
the rule of law refers to the idea that the law should be known by all, applied equally in all situations, does not discriminate etc

next
explain natural justice
natural justice, or procedural fairness, gives people the right to be heard and decisions made regarding their future without bias. Byrne v Australian Airlines (1994) is an example of where natural justice was denied in term of dismissal without being allowed to put forward an argument to his employer. in essence the doctrine can be defined as the rules of 'fairplay'.


what are the main influences on the law?

this site is so trippy these days
 

goan_crazy

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melsc said:
c

Explain the rule of law
the rule of law refers to the idea that the law should be known by all, applied equally in all situations, does not discriminate etc

next
explain natural justice
 

goan_crazy

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roadcone said:
natural justice, or procedural fairness, gives people the right to be heard and decisions made regarding their future without bias. Byrne v Australian Airlines (1994) is an example of where natural justice was denied in term of dismissal without being allowed to put forward an argument to his employer. in essence the doctrine can be defined as the rules of 'fairplay'.


what are the main influences on the law?

this site is so trippy these days
v trippy
my posts r all out of order and appear above the replier :eek:

anyway
influences on law-there are 5
social influences
cultural influences
moral influences
political influences
economic influences

next question: what is natural law? [ppl get this 1 confused w natural justice...]
 

roadcone

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goan_crazy said:
v trippy
my posts r all out of order and appear above the replier :eek:

anyway
influences on law-there are 5
social influences
cultural influences
moral influences
political influences
economic influences

next question: what is natural law? [ppl get this 1 confused w natural justice...]
yeah it results in some abstract interpretation being needed on some days..

umm natural law (i think) is where govts are answerable to a higher authority. that is the concept that citizens can complain above their national govt, to the UN for example. natural law provided the first protection of human rights.


02 Independent a) Outline what is meant by the notion of individual and collective HR.
 

roadcone

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goan_crazy said:
yeah basically natural law developed from higher power or reasonings... It is said to have come from "the gods"

anyway in response to your question:
collective human rights are those HRs which apply to a group of people such as the collective right to self determination and individual rights are those that apply to individuals of a nation state e.g. the right to work, the right to a fair trial

next question: What is the difference between civil and political rights and economic social and cultural rights?

CIVIL AND POLITICAL RIGHTS: - rights which protect the individual from the extreme exercising of power by the state. examples are free speech, fair trial, freedom from slavery

ECONOMIC, SOCIAL AND CULTURAL RIGHTS: - rights that oblige the govt to become more involved in citizens rights in order to achive a better daily life. examples are right to education, equal pay for equal work, health

Name the four ways in which HR can be enforced internationally.
 

goan_crazy

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roadcone said:
yeah it results in some abstract interpretation being needed on some days..

umm natural law (i think) is where govts are answerable to a higher authority. that is the concept that citizens can complain above their national govt, to the UN for example. natural law provided the first protection of human rights.


02 Independent a) Outline what is meant by the notion of individual and collective HR.
yeah basically natural law developed from higher power or reasonings... It is said to have come from "the gods"

anyway in response to your question:
collective human rights are those HRs which apply to a group of people such as the collective right to self determination and individual rights are those that apply to individuals of a nation state e.g. the right to work, the right to a fair trial

next question: What is the difference between civil and political rights and economic social and cultural rights?
 

goan_crazy

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roadcone said:
CIVIL AND POLITICAL RIGHTS: - rights which protect the individual from the extreme exercising of power by the state. examples are free speech, fair trial, freedom from slavery

ECONOMIC, SOCIAL AND CULTURAL RIGHTS: - rights that oblige the govt to become more involved in citizens rights in order to achive a better daily life. examples are right to education, equal pay for equal work, health

Name the four ways in which HR can be enforced internationally.
yeap and roadcone, heres another thing 4 those...
CIVIL AND POLITICAL RIGHTS: 1st generation
ECONOMIC, SOCIAL AND CULTURAL RIGHTS: 2nd generation

in response 2 ur q:
Name the four ways in which HR can be enforced internationally.
through treaties, convenants such as CROC, declarations such as the UDHR, the international court of justice, Amnesty international etc
think thats 4 :p

next question: What is state sovereignity and give a disadvantage of it.
 

lil mon

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State Sovereignity is the right of a nation state to make their own laws and govern their countries without interference from other nation states. A disadvatage of this is that human rights can be ignored because the state has more power than the individual.
As a recent fan of this thread, i shall point out that this question has been asked atleast 3 times...... and no i dont have a tally going.

okies next question: name two cases that deal with a breach of human rights, one domestic and one international.
 
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Skye-Maree

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im new to this site.
at the moment i am in year 11 and about to do my yearly exams.
and in legal studies i get most of it.
but i cant find the answer to two questions which were.
" the arguments for and against the recognition of ATSI Customary Law"
and
"balancing the rights od individuals with the needs of the state"
i couldnt find them anywhere in my book.
so if someone could please help me out that would be great i really cant afford to fail this exam.
so yeah help needed asap.
thank you.:)
 

airbag

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lil mon said:
State Sovereignity is the right of a nation state to make their own laws and govern their countries without interference from other nation states. A disadvatage of this is that human rights can be ignored because the state has more power than the individual.
As a recent fan of this thread, i shall point out that this question has been asked atleast 3 times...... and no i dont have a tally going.

okies next question: name two cases that deal with a breach of human rights, one domestic and one international.
International: Human Rights Crisis in Zimbabwe
The Mugabe regime has contravened the UNDHR in no less than 19 places, an example of which being the contravention of article 5 (no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment)

Domestic: Treatment of asylum seekers (i haven't really studied this in depth yet)



QUESTION: Define the term "parties to a crime"?
 

historykidd

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airbag said:
International: Human Rights Crisis in Zimbabwe
The Mugabe regime has contravened the UNDHR in no less than 19 places, an example of which being the contravention of article 5 (no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment)

Domestic: Treatment of asylum seekers (i haven't really studied this in depth yet)



QUESTION: Define the term "parties to a crime"?
Prin. in the first degree - Person who committed the crime

Prin. in the second degree - Person who assissted or helped with the doing of the crime at the scene

Accessory before the fact - Helped to plan or supply the crime

Accessory after the fact - Person who may have known about or deliberated after the crime.


QUESTION: Outline for and against argument for the possiblity of a bill of rights
 

Hexamarillion

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historykidd said:
QUESTION: Outline for and against argument for the possiblity of a bill of rights
For: will regulate and standardise human rights, making them domestically enforceable which they are not under international law.

Against: basic human rights protection already provided by legislation/noninterference etc and a document may be flawed by its interpretative nature.



QUESTION: What are possible outcomes in successful civil and criminal court cases?
 

=)lisa

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Hexamarillion said:
QUESTION: What are possible outcomes in successful civil and criminal court cases?
umm...
civil - Plaintiff proves on the balance of probabilities that Mr X was in the wrong, therefore wins a compensation pay out (or something) for his client.

criminal - serial killer gets life in prison. safety for society!!!

my question:::: what are the principles of equity? what is equity? (lol, seriously, i dont know)
 

Cam O

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=)lisa said:
umm...
civil - Plaintiff proves on the balance of probabilities that Mr X was in the wrong, therefore wins a compensation pay out (or something) for his client.

criminal - serial killer gets life in prison. safety for society!!!

my question:::: what are the principles of equity? what is equity? (lol, seriously, i dont know)
Well, I may be wrong, but i think equity is an old, old wooden ship from the Civil war era...

Not really, and I'm serious now, I think its having the ability to appeal and try and get a lighter sentence. Meaning it is the assurance of a just and fair decision. (Correct me if I'm wrong)

OK, my question is:
Name a current human rights issue and how has the law tried to deal with it (any type of law)
 

hellvis

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also, a just law has F.R.E.E.A

Fairness
human Rights
Equity
Equality
Accessibility



to be effective for the individual it is P.E.A.R.E
Protection and recognition of individual rights
Equality
Accessibility
Resource Efficiency
Enforceability

to be effective for society it is L.O.R.B
Law as a reflection of community standards
Opportunities for enforcement, appeal and review
Resource Efficiency
Balance between the interests of the individual and community



THE SYLLABUS IS YOUR LOVER
 

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