SOWK2001: What Is Law
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Questions and Answers

What is the primary purpose of Criminal Law?

  • To identify offenses against the state (correct)
  • To provide remedies for personal grievances
  • To facilitate contractual agreements
  • To settle arguments between individuals
  • In which type of law do prosecutors need to prove their case beyond reasonable doubt?

  • Administrative Law
  • Civil Law
  • Criminal Law (correct)
  • Statutory Law
  • What is a key characteristic of a law?

  • It is enforced through legal consequences. (correct)
  • It applies only to government officials.
  • It is respected by everyone in society.
  • It is optional and can be ignored.
  • Which of the following best describes Civil Law?

    <p>It encompasses laws related to contracts and personal rights. (A)</p> Signup and view all the answers

    How does law contribute to social order?

    <p>By providing a framework for resolving conflicts. (D)</p> Signup and view all the answers

    What does the 'balance of probabilities' standard refer to?

    <p>The level of proof needed in civil cases. (A)</p> Signup and view all the answers

    What does the principle of stare decisis ensure in legal disputes?

    <p>Legal disputes are resolved in a predictable manner. (B)</p> Signup and view all the answers

    Which of the following is NOT a category of law mentioned?

    <p>Environmental Law (D)</p> Signup and view all the answers

    What supports the legitimacy of law enforcement?

    <p>The will of elected representatives and officials. (A)</p> Signup and view all the answers

    Which of the following describes the nature of legal systems?

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

    What distinguishes a civil trial from a criminal trial?

    <p>In a civil trial, the plaintiff sues the defendant. (C)</p> Signup and view all the answers

    What is the main focus of Private Law?

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

    Which of the following is NOT included in Public Law?

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

    Which statement best describes Statute Law?

    <p>It consists of legislation enacted by the government. (B)</p> Signup and view all the answers

    What does Substantive Law primarily define?

    <p>The rights, duties, and obligations of citizens. (B)</p> Signup and view all the answers

    In which type of law do court decisions play a significant role in shaping legal principles?

    <p>Common Law (D)</p> Signup and view all the answers

    Which of the following laws addresses the relationships between government organizations and citizens?

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

    What is the significance of Procedural Law in the legal system?

    <p>It provides the methods for enforcing Substantive Law. (C)</p> Signup and view all the answers

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

    <p>To declare existing laws (A)</p> Signup and view all the answers

    Which body is responsible for creating statutory law in a parliamentary system?

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

    What is meant by 'binding precedent' in the context of case law?

    <p>A decision that must be followed in similar cases (B)</p> Signup and view all the answers

    How is the Parliament of Jamaica structured?

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

    Who appoints the senators in the Senate of the Parliament of Jamaica?

    <p>The Prime Minister and the Leader of the Opposition (A)</p> Signup and view all the answers

    What role do law reports play in the common law system?

    <p>They provide precedents for lawyers to reference (C)</p> Signup and view all the answers

    What term refers to the legislative acts created by Parliament?

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

    Which of the following statements is NOT true about judges in a common law system?

    <p>Judges create new laws through legislative actions (B)</p> Signup and view all the answers

    What is the primary function of the Cabinet in the Executive branch of government?

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

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

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

    Who represents the monarch in Jamaica?

    <p>The Governor General (B)</p> Signup and view all the answers

    What entity is described as the supreme law of Jamaica?

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

    What situation does case law primarily address?

    <p>Interpreting and applying precedent (A)</p> Signup and view all the answers

    Which branch of government is tasked with the administration of law in Jamaica?

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

    Which of the following describes the structure of the legal system in Jamaica?

    <p>It provides a framework upheld by the Constitution. (C)</p> Signup and view all the answers

    What is the status of custom as a source of law in Jamaica?

    <p>It is declining in significance. (D)</p> Signup and view all the answers

    What does the law primarily provide in regard to human conditions?

    <p>A framework with no standardized actions (C)</p> Signup and view all the answers

    Which aspect differentiates the historical origins of law from those of social work?

    <p>Law has origins in professional combat, while social work originated in charitable work. (D)</p> Signup and view all the answers

    What common stereotype is associated with lawyers according to societal views?

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

    What is a significant difference between the knowledge bases of law and social work?

    <p>Law's knowledge base is precedent, while social work's knowledge base is social research. (B)</p> Signup and view all the answers

    Which statement describes a common sentiment between lawyers and social service workers?

    <p>Each maintains a negative image of the other. (B)</p> Signup and view all the answers

    How does the social work value base differ from that of law?

    <p>Social work's value base is uncertain and changing, unlike law. (D)</p> Signup and view all the answers

    What is a characteristic of the relationship between law and human service organizations?

    <p>Their histories, cultures, and functions are largely dissimilar. (C)</p> Signup and view all the answers

    What might be a common misconception about human service workers compared to lawyers?

    <p>Human service workers are frequently less well known than lawyers. (D)</p> Signup and view all the answers

    Flashcards

    What is Law?

    A rule of conduct imposed and enforced by the state (or sovereign). It governs societal activities, resolving conflicts, and setting legal consequences for breaches.

    Purpose of Law

    Law creates and maintains social order by resolving disputes and conflicts with a legal framework and established procedure.

    Legal Consequences

    Penalties for breaking a law, such as criminal prosecution, civil lawsuits, or both.

    Legal System

    The collection of laws and procedures within a country or region. It reflects the region's historical traditions.

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    Stare Decisis

    The legal principle of following established precedents (previous rulings).

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    Common Law

    A legal system based on precedents set by previous court rulings. Judges interpret and apply existing law based on previous cases, creating a body of legal principles.

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    Civil Law

    A legal system based on written codes and statutes. Judges interpret and apply these codified laws, rather than relying heavily on precedents.

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    Statute Law

    Laws enacted by a legislative body, such as a parliament or congress. These laws are written and codified, creating a formal framework for governing.

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    Criminal Law vs. Civil Law: Burden of Proof

    In criminal law, the prosecution must prove guilt beyond a reasonable doubt. In civil law, the plaintiff only needs to prove their case on the balance of probabilities.

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    Criminal Law

    Deals with offenses against the state, such as theft, assault, or murder. It aims to punish individuals for their actions and deter future crime.

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    Plaintiff

    The person who initiates a lawsuit in a civil case, claiming harm or violation of their rights.

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    Defendant

    The person or entity accused of wrongdoing in both civil and criminal cases.

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    Public Law

    Law governing the relationship between individuals and the government, including constitutional and criminal laws.

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    Private Law

    Law governing the relationships between individuals and organizations, including contracts and torts.

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    Common Law System Features

    A legal system based on judicial precedents set by judges in past cases, supplementing statutory laws created by Parliament.

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    Case Law

    Judicial decisions that set precedents for future cases, forming a body of legal principles.

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    Binding Precedent

    A judicial decision in a case that must be followed in future similar cases.

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    Law Reports

    Published collections of judicial decisions, used by lawyers to find precedents.

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    The Legislature

    The law-making body, typically Parliament, responsible for creating statutes.

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    Parliament of Jamaica

    The legislative branch of the Jamaican government, consisting of the appointed Senate and the elected House of Representatives.

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    The Judiciary

    The branch of government responsible for interpreting and applying the law. The Chief Justice heads this branch.

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    Executive Branch

    The branch of government responsible for implementing and enforcing laws. It includes the Prime Minister and Cabinet, who oversee the administration and execute policy.

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    Branches of Government

    Jamaica's government is divided into three branches: the Executive, Legislative, and Judicial. Each branch has distinct roles and powers.

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    Chief of State

    The ceremonial head of a country, representing its sovereignty and embodying national unity. In Jamaica, the Queen or King (represented by Governor General) is the Chief of State.

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    What is the Constitution?

    The supreme law of land, setting out the fundamental rights and freedoms of citizens. It establishes the framework for the legal system and defines the structure and operation of the three branches of government

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    Sources of Law

    The origins of legal principles, like the Constitution, legislation, case law, customary practices, and international law. These sources provide the basis for legal decisions.

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    Legislation

    Laws created by a legislative body, such as the Parliament, which establish rules and regulations for society.

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    Attorney General

    The chief legal advisor to the government, responsible for representing the state in legal matters and overseeing the prosecution of crimes.

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    Law's Limitations

    Law can't provide a solution for every situation. It sets a general framework, but professional practices often surpass it.

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    Ethical Code vs. Law

    Social workers follow ethical guidelines beyond legal rules. These ethics guide professional conduct, even where the law is silent.

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    Social Change vs. Legal Change

    Society evolves faster than legal systems. Social work practice adapts to changing societal values, while law takes time to catch up.

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    Law's Historical Origins

    Law emerged from conflict and adversarial systems. It focuses on winning through battle and protecting rights.

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    Social Work's Historical Origins

    Social work arose from charitable work. It emphasizes resolution through negotiation and rehabilitation.

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    Stereotypes of Lawyers

    Common stereotypes portray lawyers as greedy, untrustworthy, and focused on winning at all costs.

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    Stereotypes of Social Workers

    Social workers often have a less defined image but are sometimes perceived as less capable than lawyers.

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    Values, Knowledge, and Methods

    Law and social work differ significantly in their values, knowledge bases, and approaches to 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: 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.
    • 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.

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