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

[roadcone]

umm.. i think that it is when citizens can go above their govt to complain for injustices that are occuring.. like govts answerable to a higher authority. altho not really too sure caz i cant be bothered to go get my notes to check

what are customary rights?

 

[goan_crazy]

what are customary rights?

customary rights are those rights dat hav been handed down thru gener8nx n r based on customs of particular group E.g. tribal abos

ps. wrong_turn ur really starting 2 scare me now!

edt: question:
what are moral rights?

 

[roadcone]

those that a particular group in society believe to be right. umm laws are often derived from moral rights..

what are the four things that human rights are: --> this is really vague i know but i cant think of a better way to word it

 

[goan_crazy]

what are the four things that human rights are: --> this is really vague i know but i cant think of a better way to word it

indivisible
inherient
inalienable
universal

i think this qu has already been done but o well
what are civil and political rights?

 

[manifestation]

answer =

The freedom to make a political comment and the freedom to express this right peacefully is expressed in the Declaration of Human Rights , and as a result accepted in theory by the signature nations. However in reality there are many instances where freedom of expression is not allowed by the authorities.

The acceptance of human rights issues is gaining in many areas. It is a concept that has only really started to take off since the formation of the United Nations , and it was given a powerful boost by the explosion in world-wide communications, which has made it possible for information about abuses to be made much more public than they were before.

next question

define Collective rights for self-determination

 

[goan_crazy]

collective rights are those rights that a defined group of people are entitled to
such as the right to self determination
self determination is a self governing nation who has power over its people and subjects

next question:
what is important about the doctrine of natural justie?

 

[manifestation]

The doctrine of natural justice implies a duty for the arbiter to observe one (or both) of the following rules:

1. The hearing rule: The decision-maker must afford an opportunity to be heard, to a person who will be adversely affected by a decision. (The arbiter must hear your side of the story.)

2. The rule against bias: The decision-maker must be disinterested or unbiased in the matter to be decided. (For example, arbiters must not make a decision that affects themselves or members of their family as well as you, or they should let someone else make the decision if they don't like you.)

Put in its simplest form, the requirement to observe the rules of natural justice can be described as the requirement to be "fair".

Exclusion from principles of natural justice. Because this is a common law concept, it can be overturned by statute. The courts originally said that if the legislature wanted to exclude the principles of natural justice then it must, in the law, do so expressly and plainly so that the intention was clear.

okay next question:

How effective are legal measures, domestically and internationally, in addressing human rights issues?

 

[Meldrum]

The perceived basic rights of all people are both protected and recognised within sovereign states and in the treaties and conventions agreed between them. However the different bodies who determine and govern domestic and international law address enforcement in different ways, and as such are disequally effective in their approach to the protection of these sacred rights.

International:

- Different bodies used in protecting international law:

* NGO's - effective in countries which apply by the rule of law as they sway public opinion - ineffective in countries without it or who continue to breach human rights out of necessity
* UN and treaty-based organisations - have the power to force to enforce trade sanctions on countries and publically shame countries - however, once again only effective on countries who have something to lose from trade sanctions and shaming, not effective in countries like Sudan where there is wide-spread famine and no rule of law
* Nation-states - Like the invasion of Iraq, countries often defy international pressure in an attempt to guarantee what they see as human rights

National:

* Political bodies - Groups of people with a similar opinion fighting for the rights of individuals, either physically or politically
* Interest groups - social, economic, cultural, moral
* Voters - only in common-law countries

Given all this, at the end of the day International pressures are only as effective as domestic responses.

New question:

Name 5 cases which have effected the development of criminal law.

 

[goan_crazy]

Name 5 cases which have effected the development of criminal law.

the crimes act 1900
the crimes sentencing procedures act 1999
the extradition act
the motor traffic act
the young offenders act

edit: new question
what is extradtion?
good 2 c that people r actually taking this seriously now
thanks to melsc and wrong_turn not being here

 

[manifestation]

Extradition is the return of a wanted criminal from a country where he or she is found, to the country where he or she is accused of, or has been convicted of, a criminal offence. It is to be distinguished from deportation, which is concerned with the removal of an individual from a national territory.

this can only occur if both countries have signed a treaty!!! and i totally agree with the melsc and wrong_turn thing!!

AND this is the Law&Soc/Human Rights thread not crime we want Law&Soc/Human Rights no crime ones people!!!

okay!

 

[melsc]

Hey this thread was my idea and I was being serious...most of the spamming was followed by a question...I'll be good i promise

 

[manifestation]

Oops sorry i forgot to put a question:

What is one civil right and what is one political right?

 

[Meldrum]

Civil Right - Freedom from slavery
Political Right - To vote

Seeing how Joe doesn't know the difference between "cases" and "legislation" I'll go again:

Name 5 cases which have effected the development of criminal law.

 

[wrong_turn]

dudley v stevens: this was for neccesity
attorney general v whelan : self defence
moffa v r : manslaughter
r v mc naughten: mental illness
mohammed skaf, bilal skaf v r: victim impact statement

name a case for natural justice and explain.

 

[Meldrum]

(Not an answer:

Can you make up cases? 'Cause that seems fun. Like Gavrillo v. R. Here, Gavrillo shot 3 bullemic models in Milan.)

 

[melsc]

(Not an answer:

Can you make up cases? 'Cause that seems fun. Like Gavrillo v. R. Here, Gavrillo shot 3 bullemic models in Milan.)

U can but wldnt 4 2 reasons
1. you have to be so careful to make it up right...some people in my class made a case up but they made out that it was in the supreme court and it was simple drink driving...the lesson b careful that u make it believeable
2. My teacher was a lawyer and knows most leading cases...so i cant do thay lmao

 

[wrong_turn]

hey melsc i'm at the state library haha. well i have ehard of heaps of epople that have made up cases. but i don't think that they will figure it out since ther emust be many cases a year. so i don't think they shall be bothered much to actually go find them.

but be cautious if you are to do it. don't make us some stupid name in you're example case.

 

[goan_crazy]

in year 11 prelim exam me and 2 friends made up a case
wilson v. brown a woman had an epileptic fit at work and was fired
and yeah the teacher thought it was great-that was once only
but no...i dont make up cases i use real ones

a funny one in class we were jokin bout. theres this homophobic dude who always teases gays rite but wats funny is he acts gay in his talkin towards people and always makes gay jokes
anyways we joked about a case jus b4 the legal exam-the two guys names
im not gonna put their real names incase they see but ill jus make them up now...
instead ill put 2 of my bos mates hehe murphy v. wong-homosexual discriminiation :uhuh:

 

[melsc]

the best made up case i heard was 2003 mock trial....lymp Vs Bisket

 

[manifestation]

Next question:

Name one domestic legal measure in addressing human rights issues: (i dont the answer for this one so thats why i'm asking lol)