Podcast
Questions and Answers
What is the primary purpose of Criminal Law?
What is the primary purpose of Criminal Law?
In which type of law do prosecutors need to prove their case beyond reasonable doubt?
In which type of law do prosecutors need to prove their case beyond reasonable doubt?
What is a key characteristic of a law?
What is a key characteristic of a law?
Which of the following best describes Civil Law?
Which of the following best describes Civil Law?
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How does law contribute to social order?
How does law contribute to social order?
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What does the 'balance of probabilities' standard refer to?
What does the 'balance of probabilities' standard refer to?
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What does the principle of stare decisis ensure in legal disputes?
What does the principle of stare decisis ensure in legal disputes?
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Which of the following is NOT a category of law mentioned?
Which of the following is NOT a category of law mentioned?
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What supports the legitimacy of law enforcement?
What supports the legitimacy of law enforcement?
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Which of the following describes the nature of legal systems?
Which of the following describes the nature of legal systems?
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What distinguishes a civil trial from a criminal trial?
What distinguishes a civil trial from a criminal trial?
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What is the main focus of Private Law?
What is the main focus of Private Law?
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Which of the following is NOT included in Public Law?
Which of the following is NOT included in Public Law?
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Which statement best describes Statute Law?
Which statement best describes Statute Law?
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What does Substantive Law primarily define?
What does Substantive Law primarily define?
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In which type of law do court decisions play a significant role in shaping legal principles?
In which type of law do court decisions play a significant role in shaping legal principles?
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Which of the following laws addresses the relationships between government organizations and citizens?
Which of the following laws addresses the relationships between government organizations and citizens?
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What is the significance of Procedural Law in the legal system?
What is the significance of Procedural Law in the legal system?
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What is the primary function of case law in the common law legal system?
What is the primary function of case law in the common law legal system?
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Which body is responsible for creating statutory law in a parliamentary system?
Which body is responsible for creating statutory law in a parliamentary system?
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What is meant by 'binding precedent' in the context of case law?
What is meant by 'binding precedent' in the context of case law?
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How is the Parliament of Jamaica structured?
How is the Parliament of Jamaica structured?
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Who appoints the senators in the Senate of the Parliament of Jamaica?
Who appoints the senators in the Senate of the Parliament of Jamaica?
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What role do law reports play in the common law system?
What role do law reports play in the common law system?
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What term refers to the legislative acts created by Parliament?
What term refers to the legislative acts created by Parliament?
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Which of the following statements is NOT true about judges in a common law system?
Which of the following statements is NOT true about judges in a common law system?
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What is the primary function of the Cabinet in the Executive branch of government?
What is the primary function of the Cabinet in the Executive branch of government?
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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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Who represents the monarch in Jamaica?
Who represents the monarch in Jamaica?
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What entity is described as the supreme law of Jamaica?
What entity is described as the supreme law of Jamaica?
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What situation does case law primarily address?
What situation does case law primarily address?
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Which branch of government is tasked with the administration of law in Jamaica?
Which branch of government is tasked with the administration of law in Jamaica?
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Which of the following describes the structure of the legal system in Jamaica?
Which of the following describes the structure of the legal system in Jamaica?
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What is the status of custom as a source of law in Jamaica?
What is the status of custom as a source of law in Jamaica?
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What does the law primarily provide in regard to human conditions?
What does the law primarily provide in regard to human conditions?
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Which aspect differentiates the historical origins of law from those of social work?
Which aspect differentiates the historical origins of law from those of social work?
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What common stereotype is associated with lawyers according to societal views?
What common stereotype is associated with lawyers according to societal views?
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What is a significant difference between the knowledge bases of law and social work?
What is a significant difference between the knowledge bases of law and social work?
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Which statement describes a common sentiment between lawyers and social service workers?
Which statement describes a common sentiment between lawyers and social service workers?
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How does the social work value base differ from that of law?
How does the social work value base differ from that of law?
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What is a characteristic of the relationship between law and human service organizations?
What is a characteristic of the relationship between law and human service organizations?
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What might be a common misconception about human service workers compared to lawyers?
What might be a common misconception about human service workers compared to lawyers?
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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: uneasy coexistence
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)
- A body of principles recognized and applied by the State in administering justice (Orlando Miller, Jamaican Business Law Module)
- Governs many activities within society, including responsibilities of parents, property disposal, and relationships between persons and business entities
- Society attaches legal consequences for law breaches; consequences can be criminal prosecution, civil lawsuit, or both (Batts, 2022)
Role of Law
- Reflects a normative order, reflecting the will of the people expressed through representatives/officials
- Provides a predictable framework for society; similar legal disputes are usually resolved the same way (precedent)
- Enables creation and maintenance of social order through resolving conflicts/arguments through courts, this is legitimated and public.
Law & Legal Systems
- A body of laws creates a legal system
- Legal systems often reflect legal traditions/traditions where the laws emerged
Categories of Law
- Common law: Law and procedures created by courts (judges)
- Civil law: Law ranging from contracts, property, to torts and wills, and relationships between individuals. It aims to settle arguments between individuals and helps people find remedies.
- Statutory law: Legislation created by the government
- Private law: Deals with relationships between people/businesses. Includes contract and tort laws
- Public law: Deals with government and ordinary citizens, and different government organizations. Includes constitutional, administrative, and criminal law.
- Substantive law: Defines rights, duties, and obligations of citizens/state
- Procedural law: Procedures used to apply substantive law
Criminal Law
- Identifies offenses against the state that lead to fines or imprisonment
- These behaviors are considered "crimes"
- Punishes people who break these laws
Civil Law
- A complex body of law encompassing contracts, property, torts, and wills; governing relationships between citizens
- Aims to help settle arguments between individuals and obtain remedies; not focused on punishment.
Criminal Law v. Civil Law
- Criminal cases require prosecutors (the State) to prove guilt "beyond reasonable doubt"
- Civil cases only need to show the balance of probabilities to prove a case
Civil Law & Criminal Law
- Some laws have both criminal and civil aspects (e.g., child abuse)
- Civil trials: Plaintiff/claimant brings a claim against a defendant.
- Criminal trials: The prosecutor (state) acts against a defendant.
Common Law and Statute Law
- Common law: Law and procedures from court decisions (judges)
- Statute law: Legislation created by government (parliament)
Private & Public Law
- Private law: Deals with everyday relationships between people and businesses; contract and tort laws
- Public law: Deals with relationships between government and citizens, and various government bodies. Includes constitutional, administrative, and criminal laws.
Private Law
- Deals with the relationships between ordinary people in everyday transactions (including businesses and companies)
- Includes contract and tort laws
Public Law
- Deals with government and ordinary citizens, and different government organisations
- Includes constitutional, administrative, and criminal laws
Substantive and Procedural Law
- Substantive law: Defines rights, duties, and obligations of citizens/state
- Procedural law: Outlines the process for applying substantive law
Common Law
- Source of Jamaican law, inherited from England
- Composed of two main parts:
- Case law (precedent): Judge decisions act as rules for future similar cases.
- Statutory law (Parliament): Law created by making institutions.
Role of Case Law
- Judge decisions (case law) become binding precedents, guiding future similar cases
- Judges “declare” law, not create it
- Lawyers use case law reports (law reports) to find precedents applicable to their cases
Statutory Law
- Legislation created by Parliament.
Parliament of Jamaica
- Bicameral body (Senate and House of Representatives)
- Senate: Appointed body (mostly by the Prime Minister or Opposition Leader)
- House of Representatives: Elected representatives
Judiciary
- Headed by the Chief Justice
- Interprets and applies laws (resolves legal disputes)
- Decisions make case law (precedent) for future cases
Executive
- Chief State (currently the King) represented by the Governor General
- Executes government policy
- Includes various government bodies
Sources of Law in Jamaica
- The Constitution: Supreme law of the land, outlines fundamental rights and freedoms of Jamaicans; and dictates how laws are created, the structure, and operation of the legal system. Includes rights and freedoms; operation of legal system; obligations for involved parties.
- Legislation: Acts of parliament; established by majority vote of the Senate and House of Representatives
- Case law: Judge-made laws based on precedents that bind similar cases.
- Custom: Declining source; principles accepted long-standing community practices.
- International Law: Emerging as a source of domestic law, but less popular.
The Rule of Law
- Society is governed by law, arbitrary power is curtailed/restricted
- Every person is equally subject to the law.
- State should use its powers in alignment with agreed rules; no punishment without a violation.
Limitations of the Law
- Can't provide answers to every human condition; only frameworks
- Non-standardized actions in certain situations
- Professional practices often exceed the capabilities of the law; Social work practices differ based on a value system, which changes over time.
Law & HSOs: Uneasy Coexistence
- Law & social work practices differ in their histories, cultures and social rituals
- Law often focuses on “combat” and "winning” while social work focuses on outcomes and client negotiation
- Social workers emphasize client rights, while lawyers tend to uphold procedural rules
- Stereotypes of lawyers and social workers include views of one as the “villains” and the other the “saviors”.
- Collaboration requires discussion of values, power, etc.
Applying the Law to Social Work
- Collaboration between law and social work is needed for realization; requires discussion of values, powers, objectives, expertise, and structures
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Description
This quiz covers key concepts in law and its intersection with human services. You'll explore the definitions of law, its sources, types, and the complexities of its application in social work. Prepare to understand how legal principles impact society and the field of social work.
