Law and Justice Revision Poster

Revision poster for AQA Law04, Law and Justice

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Revision Aids for Law04 Law & Justice
Introductory paragraph: explain the meaning of the term justice
..application of the
Miscarriages can be Example of difficulty Justice concerns the Example of difficulty
Law and Justice Law can lead to
remedied by the in achieving justice enforcement of legal in achieving justice
often coincide... miscarriages of
CCRC (R v Martin) rules (R v Martin)
Justice (Gilford 4)
Justice =
Example of injustice
proportionality in
(R v R)
sentencing, but
Para (2): Outline 4 main theories of justice
Utilitarianism Natural Law Positivism Economic analysis
Bentham and Mill Natural Law derived from God Positivism conflicts with natural law Law = distribution o wealth
Procedural correctness = legitimate even if
Greatest happiness / greatest number Law and Morality reflect one another Capitalism = free market
immoral or unjust
Can break laws if they fail to conform to Socialism = greater market interference /
Based upon merit Law and morality are separate
morality regulation
Good good does not always represent Capitalism protects the wealthy (Marx) /
If against public good = no legitimacy Justice too vague to be defined
justice (Dudley & Stephens) based upon oppression
Mill = Individual should be left t manage their Justice based largely upon individual Nozick = minimal state intervention / but
Fuller = inner morality should be followed
own affairs / no impact upon others perceptions leads to anarchy
Devin = if law based upon morality, judges Durkheim = law holds fabric of society Redistribution of wealth no always just (Re
Examples where negative impact = taxation
can interfere in the law together (B))
Para (3): Does Law achieve Justice?
Difficult to define Means of achieving justice Greater use of equitable (Sentence fits the crime)
Role of the HL (now SP) in
Aim of legal system is to (Marx Vs Nozick) Precedent principles to guide the (damages fits civil wrong)
establishing / creating
achieve justice Interference with property Sentencing Policy common law (equality = fair distribution,
legal rules (R v R)
rights = unjust Damages (High Trees) for instance property
Para (4): What is and substantive justice?
Everyone should be subject to due Everyone is entitled to fair representation Judges and jurors cannot be biased (R v The jury can exercise discretion in coming
process, including government under the law (Legal aid and conditional Bingham (speeding case) and Re to their decision
(Burmah Oil v LA) fees arrangements) Pinochet R v Ponting / Kronlid / Owens
Para (5): Examples of justice from the civil and criminal law
Criminal Law Contract Law Tort Law
Closely linked to theory of Justice Based upon the fair exchange of goods and property Tort is based directly upon the principle of fault
Crimes are graded to seriousness of the offence Parties can determine own terms Negligence stems from Donoghue v Stevenson
Sentence linked to intent, mens rea, impact upon victim Law seeks to protect inequality of bargaining power (the Principles in Donohue extended to other circumstances to
(rape and burgary) weaker party to the contract) achieve justice
Protects people against trespass and gives them property
Theory of retribution (CJA 2003, s.143)) The Law will protect the consumer (Sale of Goods Act)
The law protect parties from undue pressure (duress) D&C
R v Howe (duress not a defence to crime of murder) Protects people against defamation of character
Builders v Rees)
Extends a duty of care to cater for all circumstances
Dudley & Stephens (necessity not a defence to murder) The law will distinguish between precedetns to achieve (Nettleship v Western)
Stilk v Myrick / Hartley v Ponsonby
R v Ahluwalia (provocation a male defence) Krell v Henry / HBSBCo v Hutton
Equity will step in where needed (promissory estoppel)
(High Trees)
If a party has been subject to a fraud, the contract is void
(Derry v Peek)
Concepts of Law: Law & Justice Essay Plan


Matthew Nuttall

superb resource!

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