2.3 Flashcards
(10 cards)
What is Criminal Law?
AMA
Criminal law is when an offence is seen as a threat to the whole community. Some examples are: Arson, Murder and assault.
What is Civil Law?
Civil law involves disputes between individuals rather than the community as a whole
The Children’s Court of Western Australia deals with offences committed by young people aged between?
10-17
What are the 4 main types of Criminal Law?
PPSTNALS
Laws that protect property
Laws that protect people
Laws that protect society
Laws that protect the nation and legal system
bail delay for boy on murder charge recount the story?
- he was 11 years old
- he was charged with armed robbery and a week later allegedly mudered someone.
- what made this case really hard was the fact that he was only 11 though had committed some of the most serious crimes possible.
what are the 3 main types of civil law
- family law
- contract law
- tort law
What is Tort Law and what are the 4 kinds of issues covered under Tort Law?
NNDT
-Nuisance
-Negligence
-Defamation
-trespass
what is negligance laws
-plus examples
- negligance is when manufacturers neglect their duty of care to their consumer or person who purchased the product
- 2 examples are
+if a clothing store forget to mention on the label that a shirt is made of part polyester which someone is allergic to and caused them to have a serious reaction.
+button from the clothing of a worker at a soup company fell into the soup and the consumer who ate it nearly choked to death.
+In both of these cases the person would have the right to pursue legal action.
what is nusiance laws
- important factors
-plus examples
- A nusiance in legal terms is any behaviour or activity that interferes with you being able to enjoy your time.
- factors that courts take into account in nusiance cases
+the activity causing the issue
+how long it has been happening
+when it takes place
+ whether a reasonable person would also consider it a nusiance (like the plantiff does). - an example could be your neighbour is consistently throwing parties that wake you up at night.
what is defamation
- example
defamation is when a persons reputation or image is ruined because of another person spreading rumours on a large scale.
- for example if someone claimed that the prime minster was a horrible person and made up accusations that were so real everyone believed it. Because of these lies this could damge his reputation and image because of his important position.