SOWK2001: Law & Human Services Overview
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Questions and Answers

What characterizes law in a society?

  • Law imposes legal consequences for its breach. (correct)
  • Law is a flexible guideline that varies with situations.
  • Law serves merely as advice from the government.
  • Law is a set of suggestions for behavior.
  • What does the principle of stare decisis relate to?

  • The ability for laws to evolve without constraints.
  • The unpredictability of legal outcomes.
  • The obligation to respect the opinions of legal scholars.
  • The requirement for courts to follow precedent. (correct)
  • Which of the following is NOT a responsibility governed by law?

  • Relationships between people and businesses
  • Personal preferences for leisure activities (correct)
  • Disposing of property
  • Parental responsibilities
  • What role does law play in maintaining social order?

    <p>Law resolves conflicts and arguments. (D)</p> Signup and view all the answers

    What is true about legal systems?

    <p>They reflect the legal traditions from which laws emerged. (C)</p> Signup and view all the answers

    In a civil trial, who is the party making the claim?

    <p>The plaintiff (D)</p> Signup and view all the answers

    What type of law is created by government legislation?

    <p>Statute Law (C)</p> Signup and view all the answers

    What is included in Public Law?

    <p>Constitutional Law (C)</p> Signup and view all the answers

    Which of the following best defines Private Law?

    <p>It governs relationships between ordinary people. (A)</p> Signup and view all the answers

    Which law defines the rights, duties, and obligations of citizens and the state?

    <p>Substantive Law (B)</p> Signup and view all the answers

    Which of the following roles is associated with a criminal trial?

    <p>Defendant (A)</p> Signup and view all the answers

    Procedural Law is primarily concerned with what aspect of law?

    <p>Application processes of law (C)</p> Signup and view all the answers

    Common Law is derived from which of the following sources?

    <p>Court decisions (D)</p> Signup and view all the answers

    What is the primary purpose of the doctrine of separation of powers in Jamaica?

    <p>To prevent abuse of power by any one arm of the Government (C)</p> Signup and view all the answers

    Which of the following best describes how legislation is established in Jamaica?

    <p>By a majority vote of the Senate and the House of Representatives (C)</p> Signup and view all the answers

    What does the doctrine of stare decisis require from courts in the common law system?

    <p>To adhere to the decisions of previously decided cases when circumstances are similar (B)</p> Signup and view all the answers

    In which situation would a court's decision be considered persuasive authority?

    <p>When it is a decision of a higher court (B)</p> Signup and view all the answers

    Which of the following is NOT a source of law in Jamaica?

    <p>Personal opinions of government officials (C)</p> Signup and view all the answers

    What core principle is encapsulated by the notion of the 'Rule of Law'?

    <p>Everyone is equal before the law (A)</p> Signup and view all the answers

    Which statement best reflects the concept of punishment under the 'Rule of Law'?

    <p>No one should be punished unless they have broken the law (B)</p> Signup and view all the answers

    Which branch of government is responsible for making laws in Jamaica?

    <p>Legislature (A)</p> Signup and view all the answers

    What is the primary function of case law in a common law legal system?

    <p>To serve as a binding precedent for similar cases (A)</p> Signup and view all the answers

    Which of the following best describes statutory law?

    <p>It is generated by a law-making institution such as Parliament. (C)</p> Signup and view all the answers

    What role do judges play in a common law system according to the provided information?

    <p>Judges declare and interpret laws rather than make them. (B)</p> Signup and view all the answers

    How many members are there in the House of Representatives of Jamaica?

    <p>63 (C)</p> Signup and view all the answers

    What is the composition of the Parliament of Jamaica?

    <p>A bicameral system with an appointed Senate and an elected House of Representatives (D)</p> Signup and view all the answers

    Who appoints the senators in the Senate of Jamaica?

    <p>The Governor-General based on recommendations from political leaders (D)</p> Signup and view all the answers

    What is the primary function of the Legislature in Jamaica?

    <p>To create statutes and legislate (A)</p> Signup and view all the answers

    What is the primary role of the Executive branch of Government?

    <p>To formulate and execute policy (D)</p> Signup and view all the answers

    What is the term of office for a Member of Parliament in Jamaica's House of Representatives?

    <p>Five years (A)</p> Signup and view all the answers

    Which document is considered the supreme law of Jamaica?

    <p>The Constitution (C)</p> Signup and view all the answers

    Which of the following sources of law is least popular in Jamaica?

    <p>Custom (A)</p> Signup and view all the answers

    Who does the Governor General represent in Jamaica?

    <p>The Monarch (C)</p> Signup and view all the answers

    What does the Constitution dictate about the structure of the legal system?

    <p>It creates the three arms of the state. (B)</p> Signup and view all the answers

    Which role is filled by the Prime Minister within the Cabinet?

    <p>Head of the Cabinet (B)</p> Signup and view all the answers

    What relationship does the Constitution have with other laws in Jamaica?

    <p>All laws must align with its framework. (C)</p> Signup and view all the answers

    Which office is part of the Executive branch and is responsible for legal prosecution?

    <p>Attorney General (A)</p> Signup and view all the answers

    What is a limitation of the law according to the content?

    <p>It cannot provide a standardized course of action in all circumstances. (B)</p> Signup and view all the answers

    Which of the following best describes the historical origins of law?

    <p>Rooted in professional combat and conflict. (A)</p> Signup and view all the answers

    How does social work generally differ from law in terms of values?

    <p>Social work emphasizes individual responsibility while law does not. (B)</p> Signup and view all the answers

    What is a common perception of lawyers as mentioned in the content?

    <p>Greedy and untrustworthy. (D)</p> Signup and view all the answers

    Which field primarily employs social research as its knowledge base?

    <p>Social Work. (A)</p> Signup and view all the answers

    In what way is the social work field primarily characterized?

    <p>Focused on client rehabilitation and negotiation. (D)</p> Signup and view all the answers

    What type of image do lawyers tend to have of human service workers?

    <p>Ambiguous and poorly understood. (A)</p> Signup and view all the answers

    Which of the following statements is true regarding the relationship between law and human service workers?

    <p>Their cultural and historical contexts are vastly different. (A)</p> Signup and view all the answers

    What is a primary reason why Human Service providers should know about the law?

    <p>It provides powers to intervene. (B)</p> Signup and view all the answers

    The law provides standardized courses of action for every human condition.

    <p>False (B)</p> Signup and view all the answers

    Name one limitation of the law in the context of human services.

    <p>The law cannot prescribe specific answers or courses of action for every human condition.</p> Signup and view all the answers

    Human service practice is informed and guided by a code of _____ and the law does not provide for these.

    <p>ethics</p> Signup and view all the answers

    Match the following roles with their corresponding responsibilities:

    <p>Social Worker = Advocate for clients' needs Legislative Advocate = Promote legislative reforms Human Services Provider = Offer support and resources Lawyer = Represent clients in legal matters</p> Signup and view all the answers

    What is the main purpose of Utilitarianism in law?

    <p>To advocate for the greatest happiness for the majority (A)</p> Signup and view all the answers

    Natural law theory asserts that unjust laws are not true laws.

    <p>True (A)</p> Signup and view all the answers

    Name one key thinker associated with Natural Law Theory.

    <p>Thomas Aquinas</p> Signup and view all the answers

    Utilitarianism was influenced by philosophers such as _____ and _____.

    <p>Jeremy Bentham, John Stuart Mill</p> Signup and view all the answers

    Match the following legal theories with their main focus:

    <p>Natural Law Theory = Law derived from moral principles Utilitarian Law Theory = Maximizing happiness for the majority Marxist Legal Theory = Law as an instrument of the ruling class</p> Signup and view all the answers

    How do natural law theorists view human laws?

    <p>As defined by morality and human nature (A)</p> Signup and view all the answers

    Theories of law can help in understanding the complexities of legal systems.

    <p>True (A)</p> Signup and view all the answers

    Which type of Human Service Organization (HSO) is primarily focused on improving the well-being of clients?

    <p>People Changing (A)</p> Signup and view all the answers

    What is the basic aim of law in society?

    <p>Attainment of justice</p> Signup and view all the answers

    The law has no influence on the eligibility criteria for treatment and services in human services.

    <p>False (B)</p> Signup and view all the answers

    Why is it important for social workers to know the law?

    <p>It outlines the scope of their powers and duties.</p> Signup and view all the answers

    The relationship between the professional and client includes __________ consent.

    <p>informed</p> Signup and view all the answers

    Match the following types of law with their corresponding effects in human services:

    <p>Legislation = Determines eligibility for services Court Decisions = Establishes rights for clients Administrative Regulations = Guides program administration Professional Rights = Ensures staff protections</p> Signup and view all the answers

    Which of the following is NOT a responsibility governed by law in human services?

    <p>Financial planning for clients (D)</p> Signup and view all the answers

    Laws covering human services include regulations that apply to both clients and professionals.

    <p>True (A)</p> Signup and view all the answers

    What do the laws in human services primarily govern?

    <p>The entrance into and exit from the health and human services delivery system.</p> Signup and view all the answers

    What role does law primarily serve according to Marxist principles?

    <p>To serve the interests of the bourgeoisie (A)</p> Signup and view all the answers

    Human service organizations are primarily concerned with economic profit.

    <p>False (B)</p> Signup and view all the answers

    What is the primary mission of human service professionals?

    <p>To promote social justice and social change</p> Signup and view all the answers

    A human service organization delivers social services to a population group that has been or is __________.

    <p>vulnerable</p> Signup and view all the answers

    Match the following thinkers to their main contributions to law and society:

    <p>Karl Marx = Law serves bourgeoisie interests Friedrich Engels = Critiques of property laws Hasenfeld = Transformation processes in HSOs Lippitt et al. = Definition of human service organizations</p> Signup and view all the answers

    Which of the following best describes a characteristic of human service organizations?

    <p>They utilize transformation processes to create change. (D)</p> Signup and view all the answers

    Clients of human service organizations can include individuals, families, and communities.

    <p>True (A)</p> Signup and view all the answers

    According to the context, human service organizations often face the challenge of defining the __________ of their clients.

    <p>problems</p> Signup and view all the answers

    What is one primary reason why knowledge of the law is essential for human service providers?

    <p>It provides authority for practice. (D)</p> Signup and view all the answers

    The law can prescribe specific answers and procedures for every human condition.

    <p>False (B)</p> Signup and view all the answers

    What do social workers and other social service professionals rely on to guide their practice, aside from the law?

    <p>A code of ethics</p> Signup and view all the answers

    The changes in social spheres are always ahead of those in the _____ sphere.

    <p>legal</p> Signup and view all the answers

    Match the following terms with their definitions:

    <p>Framework = A basic structure within which decisions can be made Intervention = Taking action to improve a situation Advocacy = Public support for a cause or policy Ethics = Moral principles that guide behavior</p> Signup and view all the answers

    What type of human service organization is primarily focused on improving clients' well-being?

    <p>People Changing (B)</p> Signup and view all the answers

    Laws have no impact on the eligibility criteria for treatment and benefits in human services.

    <p>False (B)</p> Signup and view all the answers

    Why is it important for social workers to understand the law?

    <p>It outlines their powers, duties, and accountability.</p> Signup and view all the answers

    The rights clients have regarding treatment consent are detailed in the _____ Act.

    <p>CCPA</p> Signup and view all the answers

    Match the following types of human service organizations with their focus:

    <p>People Changing = Improving well-being People Sustaining = Maintaining current status People Processing = Facilitating services Career, Employment &amp; Rehabilitation Service = Supporting job readiness</p> Signup and view all the answers

    Which of the following is a right clients are entitled to under the law?

    <p>Right to self-determination (A)</p> Signup and view all the answers

    Collaborative efforts in human services do not require discussions of values and power.

    <p>False (B)</p> Signup and view all the answers

    What does the law provide for social service professionals in regard to accountability?

    <p>It sets clear lines of accountability.</p> Signup and view all the answers

    Which theory asserts that laws are derived from moral principles inherent in human nature?

    <p>Natural Law Theory (B)</p> Signup and view all the answers

    Utilitarianism advocates for actions that benefit a minority rather than the majority.

    <p>False (B)</p> Signup and view all the answers

    Natural Law theorists believe that laws are defined by _____, rather than by an authority figure.

    <p>morality</p> Signup and view all the answers

    Match the following legal theories with their descriptions:

    <p>Natural Law = Morality guides law, emphasizing human rights Utilitarian Law = Maximizes happiness for the majority Marxist Legal Theory = Views law as an instrument of the ruling class Critical Legal Theory = Questions the objectivity and neutrality of law</p> Signup and view all the answers

    Which philosopher is associated with Utilitarianism?

    <p>Jeremy Bentham (B)</p> Signup and view all the answers

    According to Marxist principles, what role does law primarily serve?

    <p>To serve the interests of the bourgeoisie (B)</p> Signup and view all the answers

    Natural Law theory allows for unjust laws to be viewed as legitimate.

    <p>False (B)</p> Signup and view all the answers

    What is one application of Natural Law in social work?

    <p>The principle of self-determination</p> Signup and view all the answers

    Human Service Organizations (HSOs) typically focus on providing legal services to clients.

    <p>False (B)</p> Signup and view all the answers

    The core activities of a Human Service Organization involve processes to _____, sustain, or change people.

    <p>transform</p> Signup and view all the answers

    Which of the following describes how Human Service Organizations are typically funded?

    <p>Through a combination of donations, government funding, and fees (D)</p> Signup and view all the answers

    The transformation processes in Human Service Organizations differentiate them from other organizations.

    <p>True (A)</p> Signup and view all the answers

    What do HSOs focus on when providing services to clients?

    <p>Addressing social problems and enhancing well-being.</p> Signup and view all the answers

    Flashcards

    What is law?

    Rules applied to conflicts to achieve legal solutions.

    Role of Law

    Establishes social order by settling disputes.

    Law's Enforcement

    Using courts to enforce rules, maintaining social order and legitimacy.

    Legal Consequences

    Potential outcomes for breaking a law, including prosecution or lawsuits.

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    Legal System

    A collection of laws reflecting traditions and cultural background.

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    Civil Law

    Deals with disputes between individuals or organizations, aiming for compensation or resolution. Examples include personal injury claims, contract breaches, and property disputes.

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    Criminal Law

    Deals with offenses against society as a whole, leading to punishment (e.g., fines, imprisonment). Examples include theft, assault, and murder.

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    Plaintiff

    The person who initiates a lawsuit in a civil case, claiming they were wronged.

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    Defendant

    The person or entity accused in a lawsuit (civil) or a criminal case.

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    Prosecutor

    The representative of the state (government) who brings criminal charges against a defendant.

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    Common Law

    Law based on precedents set by judges in previous court decisions.

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    Statute Law

    Law created by the government through written legislation & acts.

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    Public Law

    Deals with the relationships between government and citizens, or between different government entities.

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    Common Law System

    A legal system where judges' decisions in previous cases (precedents) set rules for future similar cases.

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    Case Law

    The collection of legal rules established by judges' decisions in previous cases.

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    Parliament

    The legislative body (lawmaking institution) responsible for creating statutory law.

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    Precedent

    A judge's decision in a previous case that sets a binding rule for future similar cases.

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    Law Reports

    Books that record judges' decisions, providing a source for precedents and legal arguments.

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    House of Parliament

    The specific body within the Parliament responsible for creating and passing statutory laws.

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    Legislature (Parliament)

    The government branch responsible for creating laws through statutes and acts.

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    What is precedent?

    A previous court decision that guides future similar cases, establishing a legal principle that judges follow in later judgments.

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    What is case law?

    A collection of rulings made by judges in past cases, forming a critical source of law, particularly in common law jurisdictions.

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    What is the Executive branch?

    The branch of government responsible for carrying out the laws and policies made by the legislature. It includes government officials, such as the Prime Minister and Cabinet.

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    Functions of the Executive

    The Executive branch formulates and executes policy, controls security and the public service, and includes offices like the Attorney General and Director of Public Prosecutions.

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    What is the Constitution?

    The supreme law of the land, outlining fundamental rights and freedoms of citizens, and setting the framework for the legal system.

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    Why is the Constitution important?

    The Constitution establishes the three arms of the state: Executive, Legislative, and Judicial, dictating how laws are made, the structure of the legal system, and the roles of government officials.

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    What are the sources of law?

    The origins of legal rules, including the Constitution, legislation, case law, delegated regulations, custom, and international law.

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    How important is custom?

    Customary law, based on traditions and practices, is a declining source of law, while international law is gaining importance in domestic legal systems.

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    Separation of Powers

    A system where government power is split between three branches: the Executive, Legislature, and Judiciary, each with independent functions to prevent abuse of power.

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    Legislation

    Laws created by Parliament through a voting process, recorded in statute books.

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    Stare Decisis

    The principle that courts should follow previous decisions (precedents) in similar cases, creating consistency in legal rulings.

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    Customary Law

    Laws based on long-standing traditions and practices accepted by the people.

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    Arbitrary Power

    Power used without any rules, principles, or reason, leading to inequality and injustice.

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    Sanction without Breach

    Nobody should be punished without violating the law, ensuring justice and fairness.

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    Law's limitations

    The law cannot provide a solution for every human situation. It only offers a framework, and the actual practice in social work often goes beyond what the law specifies.

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    Law vs. Social Work values

    Social work is based on ever-changing ethical principles, while the law often lags behind in addressing these evolving values.

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    Lawyers vs. Social workers

    Lawyers historically focus on combat and winning, aiming to shift responsibility. Social workers prioritize means and outcomes, emphasizing negotiation and individual responsibility.

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    Social stereotypes

    Both lawyers and social workers often face negative stereotypes, with each profession harboring a cynical view of the other.

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    Differences between law and HSOs

    Law and human services organizations differ in their origins, values, and methods.

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    Social work knowledge

    Social work knowledge is rooted in social research, while law primarily relies on precedent.

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    Social work profession demographics

    Social work has historically been dominated by women with lower social status, while law has been predominantly male-dominated and privileged.

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    Social stereotypes of lawyers

    Lawyers are often stereotyped as greedy, untrustworthy, and conceited.

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    Natural Law

    A theory suggesting that laws are based on universal moral principles inherent in human nature, independent of societal rules.

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    Utilitarian Law

    This theory argues that laws should maximize happiness and well-being for the greatest number of people.

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    Marxist Legal Theory

    This theory views law as a tool used by the ruling class to maintain their power and control over society.

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    Self-Determination in Social Work

    A core principle in social work that respects an individual's right to make their own decisions and choices.

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    Purpose of Law in Human Services

    Law aims to create a framework for social justice, protect vulnerable individuals, and ensure access to services.

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    Why Social Workers Need Legal Knowledge

    Social workers must understand legal frameworks to effectively advocate for their clients and navigate the complex system of human services.

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    Uneasy Coexistence of Law and Social Work

    There's a tension between the strict legal framework and the broader, ethical framework on which social work is based.

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    Social Work Values & Law

    Social work prioritizes individual well-being and social justice, while law focuses on legal precedent and procedures.

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    What is a Human Service Organization?

    A formal organization whose primary goal is to provide social services that contribute to the well-being of clients. They may focus on individuals, families, groups, or entire communities.

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    What is a Human Service Organization?

    A social agency that provides specific social services to vulnerable populations facing social problems. They are often funded by donations, government grants, or fees paid by clients.

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    Primary Mission of Human Service Professionals

    The core mission is to enhance human well-being and meet basic needs, with a specific focus on empowering vulnerable and marginalized populations. They also advocate for social justice and change.

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    Human Service Organizations are Process-driven

    These organizations utilize different transformation processes to bring about change in their clients. These processes distinguish them from other organizations.

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    Hasenfeld's View on HSOs

    Hasenfeld views human service organizations as structures that process, sustain, or change people who come under their jurisdiction. People are considered the raw materials of these organizations.

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    What makes HSOs different?

    The core differentiating factor is their focus on human transformation. They employ structured processes to change clients, unlike other organizations.

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    What is the law's mandate for social services?

    The law provides the foundation for social service agencies, particularly those funded by the government. It sets guidelines, authorizes interventions, and defines the boundaries for social work practice.

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    What are the limitations of relying solely on the law in social work?

    While the law offers a framework, it can't address every human situation. Social work practice often involves ethical considerations that exceed legal boundaries.

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    Why is the law considered a 'framework' in social work?

    The law provides basic guidelines and structures for social service interventions, but doesn't offer detailed instructions for every situation. There's room for professional expertise and ethical judgment beyond legal mandates.

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    What are social work values?

    Social work is guided by ethical principles that extend beyond the boundaries of the law. These values are based on a commitment to individual well-being, social justice, and respect for human dignity.

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    How do ethical values shape social work practice?

    Ethical values guide social work practice, often extending beyond the legal framework. Social workers have a responsibility to consider the well-being and rights of individuals even when legal restrictions are present.

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    People Processing HSO

    Human service organizations (HSOs) that focus on admitting, discharging, and managing the flow of clients. Examples include hospitals, shelters, and correctional facilities.

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    People Sustaining HSO

    These HSOs aim to maintain the well-being of clients in their current state, offering ongoing support and services. Examples include nursing homes, community centers, and hospice care.

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    People Changing HSO

    These HSOs seek to improve or transform the lives of clients through interventions and programs. Examples include therapy centers, rehabilitation programs, and educational institutions.

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    Law's Impact on HSOs

    Laws directly influence every aspect of human service delivery, including:

    • Entrance and exit from the system (e.g., mental health admissions, social assistance eligibility)
    • Client eligibility for services
    • Client rights (e.g., informed consent, privacy)
    • Professional and staff rights & duties
    • Program administration & regulation
    • Professional-client relationships
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    Law's Scope and Social Work Values

    While law focuses on legal precedent and procedures, social work prioritizes individual well-being and social justice. This creates a tension between the legal framework and broader ethical principles.

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    Social Work Knowledge vs. Law

    Social work knowledge is rooted in social research and evolving ethical principles, while law relies on precedent and legal doctrine. This difference can lead to disagreements about how to address complex social issues.

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    What is Natural Law?

    Natural Law argues that laws are rooted in universal moral principles inherent in human nature, meaning they are not created by humans or governments.

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    What is Utilitarian Law?

    Utilitarian Law focuses on maximizing happiness and well-being for the greatest number of people when creating laws.

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    What is Marxist Legal Theory?

    Marxist Legal Theory views law as a tool used by the ruling class to maintain their power and control over society.

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    What is Self-Determination in Social Work?

    Self-determination in social work respects an individual's right to make choices and decisions about their own well-being.

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    What is the purpose of law in Human Services?

    Law provides a framework for social justice, protects vulnerable individuals, and ensures access to services.

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    Why do Social Workers need to know the law?

    Social workers must understand legal frameworks to effectively advocate for their clients and navigate the complex system of human services.

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    Why is the relationship between law and social work described as 'uneasy coexistence'?

    There's a tension between the strict legal framework and the broader, ethical framework on which social work is based.

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    What role do values play in social work?

    Social work values, such as individual well-being and social justice, often guide practice beyond legal boundaries, creating a unique ethical perspective in the profession.

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    What are Human Service Organizations (HSOs)?

    Formal organizations that provide social services to improve the well-being of individuals, families, or communities. They often focus on helping vulnerable populations.

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    What is a People Processing HSO?

    An HSO that focuses on managing the flow of clients, such as admitting, discharging, or transferring them. It involves handling the intake and movement of people within the organization.

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    What is a People Sustaining HSO?

    An HSO that provides ongoing support and services to maintain the well-being of clients. It aims to keep their current state of health or well-being stable.

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    What is a People Changing HSO?

    An HSO that aims to improve or transform the lives of clients through various interventions and programs. It seeks to bring about positive change in individuals.

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    Why is the law important for human services?

    The law creates the foundation for many social service agencies, setting guidelines, authorizing interventions, and defining the boundaries of social work practice.

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    How do social work values shape practice?

    Social workers are guided by ethical principles that can sometimes conflict with legal frameworks, requiring professional judgment and a commitment to the well-being of clients even when legal restrictions exist.

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    Characteristics of HSOs

    Human service organizations are distinct from other organizations because they use different processes to bring about change in their clients. Their focus is on transforming individuals and communities.

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    Why should human service providers know about the law?

    Understanding the law helps human service providers advocate for their clients, navigate the system, and ensure ethical practices, particularly when working with public sector agencies.

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    What are the limitations of the law in human services?

    The law offers a framework, but it can't address every human situation. Social work practice often involves ethical considerations that extend beyond what the law dictates.

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    What is the difference between law and social work values?

    Law focuses on legal precedent and procedures, while social work prioritizes individual well-being and social justice. This can create tension when addressing complex social issues.

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    What is the role of law in human service organizations?

    Law shapes nearly every aspect of human service delivery, from client eligibility and rights to professional duties, program regulation, and the relationship between professionals and clients.

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    How does knowledge of the law contribute to good social work practice?

    Understanding the law enables social workers to effectively advocate for their clients, navigate the legal system, and ensure their practice adheres to ethical and legal standards.

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    Study Notes

    SOWK2001: LAW & HUMAN SERVICES

    • Course lecturer: Ms Sandra Latibeaudiere, MSW

    Contents

    • What is law?
    • Who makes the law
    • Sources, classification and types of law
    • Limitations of the law
    • Law & social work an uneasy co-existence

    What is law?

    • Rules applied to conflicts between parties to achieve a legal remedy (Albert, 2000)
    • An obligatory rule of conduct imposed and enforced by the Sovereign (State)
    • The body of principles recognised and applied by the State in administering justice (Orlando Miller, The Jamaican Business Law Module)
    • Governs many activities within society, including responsibilities of parents, property disposal, and relationships between people and business entities

    Role of Law

    • Normative order – reflects the will of the people through their elected/appointed representatives
    • Predictable framework for society, resolving disputes similarly (stare decisis/precedent)
    • Means of creating and maintaining social order through conflict resolution, enforced through courts
    • Body of laws creates a legal system
    • Legal systems reflect legal traditions or traditions from which laws emerged

    Categories of Law

    • Common law
    • Civil law
    • Statute/Statutory law
    • Private law
    • Public law
    • Criminal law
    • Private & Public law
    • Substantive and procedural law

    Criminal Law

    • Identifies offenses against the state (fines or imprisonment)
    • Behaviours identified as "crimes"
    • Punishes people

    Civil Law

    • Broad range of laws from contracts and property to torts and wills, regulating relationships between individuals.
    • Purpose to resolve arguments between individuals, providing remedies rather than punishments.

    Criminal Law v. Civil Law

    • Differences in levels of proof in criminal and civil cases (criminal – beyond reasonable doubt; civil – balance of probabilities)

    Civil Law & Criminal Law

    • Some laws have both criminal and civil aspects (e.g., child abuse)
    • Civil trials involve plaintiffs/claimants and defendants
    • Criminal trials involve prosecutors (state) and defendants

    Common Law and Statute Law

    • Common law: law and procedures created by courts (judges).
    • Statute law: legislation created by the government

    Private & Public Law

    • Private Law: deals with relationships between ordinary people in transactions, including businesses and companies. Covers areas like contracts and torts.
    • Public Law: covers the relationship between government organisations and ordinary citizens, as well as different government organisations. Includes constitutional law, administrative law, and criminal law.

    Substantive and Procedural Law

    • Substantive law: defines rights, duties, and obligations of citizens and the state
    • Procedural law: outlines procedures for applying substantive law.

    Common Law (cont'd)

    • Source of common law in Jamaica comes from England.
    • Common Law legal system has two main features:
      • Judge's decisions are rules of law (case law)
      • Statutory Law made by Parliament

    Role of Case Law

    • Each decision becomes a binding precedent for similar cases.
    • Judges declare law, not create it.
    • Lawyers use law reports to find previous cases on similar facts

    Statutory Law

    • Created by the Jamaican Parliament.

    Parliament of Jamaica

    • Bicameral body (Senate and House of Representatives)
    • Senate (Upper House): appointed by Governor-General
    • House of Representatives: elected by the people

    The Judiciary

    • Headed by the Chief Justice
    • Interpretation and application of law (ie. dispute resolution)
    • Decision-making based on precedent.

    Executive

    • Chief of state: England (Queen/King) Governor General represents (Monarch)
    • Executive branch headed by the Prime Minister.
    • Formulates and carries out policy.
    • Controls the administration.
    • Also controls security and the public service, including the Offices of the Attorney General and the Director of Public Prosecutions.

    Sources of Law in Jamaica

    • Constitution
    • Legislation
    • Case Law/Common Law
    • Judicial Decisions/Delegated Regulations
    • Custom
    • International Law

    The Constitution

    • Supreme law of land
    • Sets out fundamental rights and freedoms.
    • Provides framework for all levels of the legal system, all other laws must comply with it
    • Dictates how laws are created and the structure and function of the legal system, officer duties and access to court process, establishes three arms of the state, Executive, Legislative and Judicial.
    • Separation of powers - principles separate executive, legislative, judicial branches to reduce abuse of power

    Legislation (2nd Tier)

    • Acts of Parliament
    • Created through majority vote in the Senate and House of Representatives.
    • Recorded in statute books.

    Case Law or Common Law

    • Law created by Judge decisions when interpreting legislation or resolving court cases.
    • Stare decisis (Latin): decisions must follow previous similar cases (precedents).
    • Binding authority for similar cases in the same or lower courts.
    • Not binding for higher courts, but may be persuasive

    Case Law (cont'd)

    • Law reports are established text, regarded as sources of law and principles of law

    Customs

    • Least popular sources.
    • Declining in importance
    • Principles accepted by the populace for a long time

    The Rule of Law

    • Notion that law governs society.
    • Curtails arbitrary power and establishes equality before the law.
    • State should use its power according to agreed rules and not arbitrarily.

    Limitations of the Law

    • Cannot prescribe solutions to every human condition, only provides framework.
    • No standardised approaches in specific circumstances.
    • Professional practice is ahead of legal developments and changes in the social sphere; social work is informed by values that are evolving.

    Law & HSOs: an Uneasy Coexistence

    • Dissimilar histories, cultures, rituals of law and human services.
    • Law's focus on combat, tricks, winning; social work emphasis on client rights, collaborative problem-solving.
    • Law tends to be male-dominated, privileged and elitist, whereas social work may be female-dominated.
    • Social work is guided by a value base, often subject to uncertainty and change.
    • Social stereotypes of both lawyers and human service workers tend to be negative.
    • Collaboration needed within fields with expertise, values, objectives, power, and structures discussion.

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    Description

    This quiz explores the fundamental concepts of law as it relates to human services and social work. Key topics include the definition of law, its sources, classification, and the important interplay between law and social work. Enhance your understanding of legal principles and their significance in societal context.

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