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Legal Studies Year 11 > Classification Of Law > Flashcards

Classification Of Law Flashcards

1
Q

Define Public Law

A

Concerned with regulating people’s behaviour within society as a whole and protecting freedoms and rights of individuals

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2
Q

Why Are Criminal Laws Created?

A

o Keep the community safe form harm
o Provide for an orderly society
o Provide for a way of dealing with a crime when it occurs

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3
Q

What Is The Role Of Administrative law

A

o Deals with the decisions and powers of government departments
o Allows courts to review and change the decisions of government if necessary

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4
Q

What Is The Role Of Constitutional Law

A

o Is about interpreting the Constitution
o It is concerned with:
- The powers and authority of Parliament
- The rights of each citizen
- The powers between the federal and the state government
- Responsibility of High Court

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5
Q

What Is The Role Of Industrial Law

A

o The law concerned with the rights and obligations of employers and employees
o Resolving workplace disputes, workers compensation etc.

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6
Q

Define Private Law (Civil)

A

Concerned with how individuals interact with other individuals

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7
Q

Outline Contract Law

A

o Concerned with legal agreements between two or more people.
o If one party fails to carry out his or her side of the agreement, that person can be sued by breach of contract

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8
Q

Outline Tort Law

A

o Tort is French for ‘wrong’
o Deals with situations when one person infringes on the rights of another (a wrongdoing), resulting in distress or injury
o The person injured may claim financial compensation from the other party for any loss suffered

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9
Q

What Does Tort Mean In French?

A

Tort is French for ‘wrong’

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10
Q

Outline Property Law

A

o This law recognises two broad types of property: real property (land and buildings) and personal property (goods and services we purchase)
- It’s also concerned with intellectual property (copyright on music, ideas, writing)

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11
Q

Outline Family Law

A

o This law regulates family relationships.
o It sets out the process of getting married, who can get married, de facto relationships, divorce and custody of children

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12
Q

Define Summary Hearing

A

For less serious offences with just a judge/magistrate

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13
Q

Define Trial By Jury

A

Jury decides guilty/not guilty verdict & judge decides on sentence

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14
Q

Define Summary Offence

A

Less serious offences e.g. petty theft

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15
Q

Define Indictable Offence

A

More serious offences e.g. murder

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16
Q

Define Triable Summarily Offences

A

Offences where the accused of an indictable (serious) crime chooses to have their case heard in lower court

17
Q

2 Types Of Court Hearings In Criminal Case What Are They?

A

o Summary hearing (for less serious offences)
o Triable summarily offences (conducted by judge/magistrate only)

18
Q

List Types Of Law That Full Under Civil Law and Court Procedures

A

o Tort law
o Contract law
o Property disputes

19
Q

Define Plaintiff

A

Person who brings the case to court

20
Q

Define Defendant

A

Person who allegedly committed the wrong

21
Q

What Are The Difference Between

A

People
o Criminal
- A prosecutor and defendant
o Civil
- A plaintiff and a defendant

Who brings case to court?
o Criminal
- The state
o Civil
- The individual and organisation

Onus to prove the case
o Criminal
- On the prosecutor
o Civil
- On the plaintiff

Standard of proof
o Criminal
- The prosecution must prove the case beyond reasonable doubt (this is a higher standard off proof then in civil cases)
o Civil
- The plaintiff must meet the balance of probabilities (this is a lower standard of proof then needed in criminal cases)

22
Q

Define Burden Of Proof (Onus)

A

This means who has the responsibility of proving guilt

23
Q

In Our CJS (criminal justice system) We Have The Presumption Of What?

A

o In our CJS (criminal justice system) we have the presumption of innocent until proven guilty
o This means it’s the prosecution’s job to prove your guilt not the defendant’s job to prove their innocence

24
Q

Define Balance Of Probabilities

A

Plaintiff has to prove their perspective is the most likely scenario

25
Q

Define Beyond Reasonable Doubt

A

Meaning the evidence is airtight and there is no doubt of its reliability & relevance

26
Q

List The Legal Personel

A

o Magistrate
o Prosecution
o Police Prosecutors
o Public Prosecutor
o Director of Public Prosecutions
o Barrister
o Solicitor
o Public Defendant
o Defendant
o Accused
o Court Officer
o Court Reporter
o Correctional Services Officer
o Witness
o Associate Judge
o Jury
o Plaintiff

27
Q

Define Judge

A

Legal expert who oversees intermediate and superior levels of court

28
Q

Define Magistrate

A

Legal expert who oversees lower level of court

29
Q

Define Prosecution

A

Legal representative who brings a criminal case to the court on behalf of the state (Cth or NSW)

30
Q

Define Police Prosecutors

A

A NSW Police Officer trained in prosecution – usually for summary offences

31
Q

Define Public Prosecutor

A

Legal practitioner employed by the Director of Public Prosecutions, usually representing the state in indictable offences

32
Q

Define Director of Public Prosecutions

A

They are the head of the public prosecution office and determine what cases will be taken to trial & which prosecutor/s will oversee them, etc.

33
Q

Define Barrister

A

Legal representative who represents either the prosecution or the accused in intermediate or superior levels of court

34
Q

Define Solicitor

A

Legal representative who represents either the prosecution or the accused in Local Court

35
Q

Define Public Defendant

A

A barrister or solicitor provided for individuals who cannot afford to employ their own legal

36
Q

Define Defendant

A

Person standing trial accused of a crime

37
Q

Define Accused

A

Person on trial to determine whether or not they committed a criminal act

38
Q

Define Plaintiff

A

Plaintiff – Person bringing a civil case to the court

Legal Studies Year 11 (9 decks)

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