Podcast
Questions and Answers
What characterizes law in a society?
What characterizes law in a society?
What does the principle of stare decisis relate to?
What does the principle of stare decisis relate to?
Which of the following is NOT a responsibility governed by law?
Which of the following is NOT a responsibility governed by law?
What role does law play in maintaining social order?
What role does law play in maintaining social order?
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What is true about legal systems?
What is true about legal systems?
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In a civil trial, who is the party making the claim?
In a civil trial, who is the party making the claim?
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What type of law is created by government legislation?
What type of law is created by government legislation?
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What is included in Public Law?
What is included in Public Law?
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Which of the following best defines Private Law?
Which of the following best defines Private Law?
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Which law defines the rights, duties, and obligations of citizens and the state?
Which law defines the rights, duties, and obligations of citizens and the state?
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Which of the following roles is associated with a criminal trial?
Which of the following roles is associated with a criminal trial?
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Procedural Law is primarily concerned with what aspect of law?
Procedural Law is primarily concerned with what aspect of law?
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Common Law is derived from which of the following sources?
Common Law is derived from which of the following sources?
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What is the primary purpose of the doctrine of separation of powers in Jamaica?
What is the primary purpose of the doctrine of separation of powers in Jamaica?
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Which of the following best describes how legislation is established in Jamaica?
Which of the following best describes how legislation is established in Jamaica?
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What does the doctrine of stare decisis require from courts in the common law system?
What does the doctrine of stare decisis require from courts in the common law system?
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In which situation would a court's decision be considered persuasive authority?
In which situation would a court's decision be considered persuasive authority?
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Which of the following is NOT a source of law in Jamaica?
Which of the following is NOT a source of law in Jamaica?
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What core principle is encapsulated by the notion of the 'Rule of Law'?
What core principle is encapsulated by the notion of the 'Rule of Law'?
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Which statement best reflects the concept of punishment under the 'Rule of Law'?
Which statement best reflects the concept of punishment under the 'Rule of Law'?
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Which branch of government is responsible for making laws in Jamaica?
Which branch of government is responsible for making laws in Jamaica?
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What is the primary function of case law in a common law legal system?
What is the primary function of case law in a common law legal system?
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Which of the following best describes statutory law?
Which of the following best describes statutory law?
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What role do judges play in a common law system according to the provided information?
What role do judges play in a common law system according to the provided information?
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How many members are there in the House of Representatives of Jamaica?
How many members are there in the House of Representatives of Jamaica?
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What is the composition of the Parliament of Jamaica?
What is the composition of the Parliament of Jamaica?
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Who appoints the senators in the Senate of Jamaica?
Who appoints the senators in the Senate of Jamaica?
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What is the primary function of the Legislature in Jamaica?
What is the primary function of the Legislature in Jamaica?
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What is the primary role of the Executive branch of Government?
What is the primary role of the Executive branch of Government?
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What is the term of office for a Member of Parliament in Jamaica's House of Representatives?
What is the term of office for a Member of Parliament in Jamaica's House of Representatives?
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Which document is considered the supreme law of Jamaica?
Which document is considered the supreme law of Jamaica?
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Which of the following sources of law is least popular in Jamaica?
Which of the following sources of law is least popular in Jamaica?
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Who does the Governor General represent in Jamaica?
Who does the Governor General represent in Jamaica?
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What does the Constitution dictate about the structure of the legal system?
What does the Constitution dictate about the structure of the legal system?
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Which role is filled by the Prime Minister within the Cabinet?
Which role is filled by the Prime Minister within the Cabinet?
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What relationship does the Constitution have with other laws in Jamaica?
What relationship does the Constitution have with other laws in Jamaica?
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Which office is part of the Executive branch and is responsible for legal prosecution?
Which office is part of the Executive branch and is responsible for legal prosecution?
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What is a limitation of the law according to the content?
What is a limitation of the law according to the content?
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Which of the following best describes the historical origins of law?
Which of the following best describes the historical origins of law?
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How does social work generally differ from law in terms of values?
How does social work generally differ from law in terms of values?
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What is a common perception of lawyers as mentioned in the content?
What is a common perception of lawyers as mentioned in the content?
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Which field primarily employs social research as its knowledge base?
Which field primarily employs social research as its knowledge base?
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In what way is the social work field primarily characterized?
In what way is the social work field primarily characterized?
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What type of image do lawyers tend to have of human service workers?
What type of image do lawyers tend to have of human service workers?
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Which of the following statements is true regarding the relationship between law and human service workers?
Which of the following statements is true regarding the relationship between law and human service workers?
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What is a primary reason why Human Service providers should know about the law?
What is a primary reason why Human Service providers should know about the law?
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The law provides standardized courses of action for every human condition.
The law provides standardized courses of action for every human condition.
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Name one limitation of the law in the context of human services.
Name one limitation of the law in the context of human services.
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Human service practice is informed and guided by a code of _____ and the law does not provide for these.
Human service practice is informed and guided by a code of _____ and the law does not provide for these.
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Match the following roles with their corresponding responsibilities:
Match the following roles with their corresponding responsibilities:
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What is the main purpose of Utilitarianism in law?
What is the main purpose of Utilitarianism in law?
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Natural law theory asserts that unjust laws are not true laws.
Natural law theory asserts that unjust laws are not true laws.
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Name one key thinker associated with Natural Law Theory.
Name one key thinker associated with Natural Law Theory.
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Utilitarianism was influenced by philosophers such as _____ and _____.
Utilitarianism was influenced by philosophers such as _____ and _____.
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Match the following legal theories with their main focus:
Match the following legal theories with their main focus:
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How do natural law theorists view human laws?
How do natural law theorists view human laws?
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Theories of law can help in understanding the complexities of legal systems.
Theories of law can help in understanding the complexities of legal systems.
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Which type of Human Service Organization (HSO) is primarily focused on improving the well-being of clients?
Which type of Human Service Organization (HSO) is primarily focused on improving the well-being of clients?
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What is the basic aim of law in society?
What is the basic aim of law in society?
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The law has no influence on the eligibility criteria for treatment and services in human services.
The law has no influence on the eligibility criteria for treatment and services in human services.
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Why is it important for social workers to know the law?
Why is it important for social workers to know the law?
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The relationship between the professional and client includes __________ consent.
The relationship between the professional and client includes __________ consent.
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Match the following types of law with their corresponding effects in human services:
Match the following types of law with their corresponding effects in human services:
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Which of the following is NOT a responsibility governed by law in human services?
Which of the following is NOT a responsibility governed by law in human services?
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Laws covering human services include regulations that apply to both clients and professionals.
Laws covering human services include regulations that apply to both clients and professionals.
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What do the laws in human services primarily govern?
What do the laws in human services primarily govern?
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What role does law primarily serve according to Marxist principles?
What role does law primarily serve according to Marxist principles?
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Human service organizations are primarily concerned with economic profit.
Human service organizations are primarily concerned with economic profit.
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What is the primary mission of human service professionals?
What is the primary mission of human service professionals?
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A human service organization delivers social services to a population group that has been or is __________.
A human service organization delivers social services to a population group that has been or is __________.
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Match the following thinkers to their main contributions to law and society:
Match the following thinkers to their main contributions to law and society:
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Which of the following best describes a characteristic of human service organizations?
Which of the following best describes a characteristic of human service organizations?
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Clients of human service organizations can include individuals, families, and communities.
Clients of human service organizations can include individuals, families, and communities.
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According to the context, human service organizations often face the challenge of defining the __________ of their clients.
According to the context, human service organizations often face the challenge of defining the __________ of their clients.
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What is one primary reason why knowledge of the law is essential for human service providers?
What is one primary reason why knowledge of the law is essential for human service providers?
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The law can prescribe specific answers and procedures for every human condition.
The law can prescribe specific answers and procedures for every human condition.
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What do social workers and other social service professionals rely on to guide their practice, aside from the law?
What do social workers and other social service professionals rely on to guide their practice, aside from the law?
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The changes in social spheres are always ahead of those in the _____ sphere.
The changes in social spheres are always ahead of those in the _____ sphere.
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Match the following terms with their definitions:
Match the following terms with their definitions:
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What type of human service organization is primarily focused on improving clients' well-being?
What type of human service organization is primarily focused on improving clients' well-being?
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Laws have no impact on the eligibility criteria for treatment and benefits in human services.
Laws have no impact on the eligibility criteria for treatment and benefits in human services.
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Why is it important for social workers to understand the law?
Why is it important for social workers to understand the law?
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The rights clients have regarding treatment consent are detailed in the _____ Act.
The rights clients have regarding treatment consent are detailed in the _____ Act.
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Match the following types of human service organizations with their focus:
Match the following types of human service organizations with their focus:
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Which of the following is a right clients are entitled to under the law?
Which of the following is a right clients are entitled to under the law?
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Collaborative efforts in human services do not require discussions of values and power.
Collaborative efforts in human services do not require discussions of values and power.
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What does the law provide for social service professionals in regard to accountability?
What does the law provide for social service professionals in regard to accountability?
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Which theory asserts that laws are derived from moral principles inherent in human nature?
Which theory asserts that laws are derived from moral principles inherent in human nature?
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Utilitarianism advocates for actions that benefit a minority rather than the majority.
Utilitarianism advocates for actions that benefit a minority rather than the majority.
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Natural Law theorists believe that laws are defined by _____, rather than by an authority figure.
Natural Law theorists believe that laws are defined by _____, rather than by an authority figure.
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Match the following legal theories with their descriptions:
Match the following legal theories with their descriptions:
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Which philosopher is associated with Utilitarianism?
Which philosopher is associated with Utilitarianism?
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According to Marxist principles, what role does law primarily serve?
According to Marxist principles, what role does law primarily serve?
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Natural Law theory allows for unjust laws to be viewed as legitimate.
Natural Law theory allows for unjust laws to be viewed as legitimate.
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What is one application of Natural Law in social work?
What is one application of Natural Law in social work?
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Human Service Organizations (HSOs) typically focus on providing legal services to clients.
Human Service Organizations (HSOs) typically focus on providing legal services to clients.
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The core activities of a Human Service Organization involve processes to _____, sustain, or change people.
The core activities of a Human Service Organization involve processes to _____, sustain, or change people.
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Which of the following describes how Human Service Organizations are typically funded?
Which of the following describes how Human Service Organizations are typically funded?
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The transformation processes in Human Service Organizations differentiate them from other organizations.
The transformation processes in Human Service Organizations differentiate them from other organizations.
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What do HSOs focus on when providing services to clients?
What do HSOs focus on when providing services to clients?
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Flashcards
What is law?
What is law?
Rules applied to conflicts to achieve legal solutions.
Role of Law
Role of Law
Establishes social order by settling disputes.
Law's Enforcement
Law's Enforcement
Using courts to enforce rules, maintaining social order and legitimacy.
Legal Consequences
Legal Consequences
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Legal System
Legal System
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Civil Law
Civil Law
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Criminal Law
Criminal Law
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Plaintiff
Plaintiff
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Defendant
Defendant
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Prosecutor
Prosecutor
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Common Law
Common Law
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Statute Law
Statute Law
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Public Law
Public Law
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Common Law System
Common Law System
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Case Law
Case Law
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Parliament
Parliament
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Precedent
Precedent
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Law Reports
Law Reports
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House of Parliament
House of Parliament
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Legislature (Parliament)
Legislature (Parliament)
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What is precedent?
What is precedent?
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What is case law?
What is case law?
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What is the Executive branch?
What is the Executive branch?
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Functions of the Executive
Functions of the Executive
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What is the Constitution?
What is the Constitution?
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Why is the Constitution important?
Why is the Constitution important?
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What are the sources of law?
What are the sources of law?
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How important is custom?
How important is custom?
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Separation of Powers
Separation of Powers
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Legislation
Legislation
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Stare Decisis
Stare Decisis
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Customary Law
Customary Law
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Arbitrary Power
Arbitrary Power
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Sanction without Breach
Sanction without Breach
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Law's limitations
Law's limitations
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Law vs. Social Work values
Law vs. Social Work values
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Lawyers vs. Social workers
Lawyers vs. Social workers
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Social stereotypes
Social stereotypes
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Differences between law and HSOs
Differences between law and HSOs
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Social work knowledge
Social work knowledge
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Social work profession demographics
Social work profession demographics
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Social stereotypes of lawyers
Social stereotypes of lawyers
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Natural Law
Natural Law
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Utilitarian Law
Utilitarian Law
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Marxist Legal Theory
Marxist Legal Theory
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Self-Determination in Social Work
Self-Determination in Social Work
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Purpose of Law in Human Services
Purpose of Law in Human Services
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Why Social Workers Need Legal Knowledge
Why Social Workers Need Legal Knowledge
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Uneasy Coexistence of Law and Social Work
Uneasy Coexistence of Law and Social Work
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Social Work Values & Law
Social Work Values & Law
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What is a Human Service Organization?
What is a Human Service Organization?
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What is a Human Service Organization?
What is a Human Service Organization?
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Primary Mission of Human Service Professionals
Primary Mission of Human Service Professionals
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Human Service Organizations are Process-driven
Human Service Organizations are Process-driven
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Hasenfeld's View on HSOs
Hasenfeld's View on HSOs
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What makes HSOs different?
What makes HSOs different?
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What is the law's mandate for social services?
What is the law's mandate for social services?
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What are the limitations of relying solely on the law in social work?
What are the limitations of relying solely on the law in social work?
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Why is the law considered a 'framework' in social work?
Why is the law considered a 'framework' in social work?
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What are social work values?
What are social work values?
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How do ethical values shape social work practice?
How do ethical values shape social work practice?
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People Processing HSO
People Processing HSO
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People Sustaining HSO
People Sustaining HSO
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People Changing HSO
People Changing HSO
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Law's Impact on HSOs
Law's Impact on HSOs
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Law's Scope and Social Work Values
Law's Scope and Social Work Values
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Social Work Knowledge vs. Law
Social Work Knowledge vs. Law
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What is Natural Law?
What is Natural Law?
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What is Utilitarian Law?
What is Utilitarian Law?
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What is Marxist Legal Theory?
What is Marxist Legal Theory?
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What is Self-Determination in Social Work?
What is Self-Determination in Social Work?
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What is the purpose of law in Human Services?
What is the purpose of law in Human Services?
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Why do Social Workers need to know the law?
Why do Social Workers need to know the law?
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Why is the relationship between law and social work described as 'uneasy coexistence'?
Why is the relationship between law and social work described as 'uneasy coexistence'?
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What role do values play in social work?
What role do values play in social work?
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What are Human Service Organizations (HSOs)?
What are Human Service Organizations (HSOs)?
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What is a People Processing HSO?
What is a People Processing HSO?
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What is a People Sustaining HSO?
What is a People Sustaining HSO?
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What is a People Changing HSO?
What is a People Changing HSO?
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Why is the law important for human services?
Why is the law important for human services?
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How do social work values shape practice?
How do social work values shape practice?
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Characteristics of HSOs
Characteristics of HSOs
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Why should human service providers know about the law?
Why should human service providers know about the law?
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What are the limitations of the law in human services?
What are the limitations of the law in human services?
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What is the difference between law and social work values?
What is the difference between law and social work values?
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What is the role of law in human service organizations?
What is the role of law in human service organizations?
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How does knowledge of the law contribute to good social work practice?
How does knowledge of the law contribute to good social work practice?
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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
Law & Legal Systems
- 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.