3. Classification of law Flashcards
(39 cards)
PUBLIC LAW (SOCIAL NORMS)
laws that set the general standards of behaviour expected by a society
Criminal law
Usually established by statute, but can also be made through common law. Considered public law because it is said to be harming all members if society.
Seven classifications of criminal law
- Crimes against persons
- crimes against property
- Crimes against the state or sovereign
- Public order offences
- Traffic offences
- White collar crimes
- Drug offences
Administrative law
Laws that relate to the operation of the government and its various departments
Three options to seek a review of a decision made by government.
- Internal review – review conducted by another person in the agency/department
- External review – review made by a person/body outside the agency
- Judicial review – review of decisions made by the court
Administrative Decisions Tribunal
Responsible for reviewing decisions of the government departments, regarding taxation, fraud etc.
Constitutional law
Legal document outlining the powers and operation of the government. In a democratic society, members must abide by the rules in the constitution or they will be dismissed.
Australian constitution primarily deals with
the division of power between the federal and state territories and separation of power between the parliament, High court and commonwealth executive.
Cases under constitutional law compared to other courts
- There can be more than one judge (up to 7 judges in cases that involve interpretation of the Constitution)
- Each justice makes their own decision and when the decision is unanimous, the case prevails
- Decisions in the High court are binding on all courts in Australia
Private law (often referred to as civil law)
deals with the legal relations between individuals and organisations
Difference between criminal and civil law
key difference is the role of the individual. In a criminal matter, it is society that has been wronged. Whereas civil law is it a matter between individuals; plaintiff/defendant.
PRIVATE LAW
Often referred to as Civil law – deals with the legal relations between individuals and organisations
Contract law
A contract is a legally binding agreement between two or more parties. Within civil law, this involves contracts where one party believes that the other party has failed to fulfil the requirements of the contract.
Factors making a contract valid
- An invitation to treat; advertising a product to entice people to buy
- An offer; when a person takes a product and offers to buy it
- Consideration; both parties benefit from the contract – if one party fails to benefit from the contract, it is invalid
- Acceptance; when the offer is accepted, a contract is established
Unconscionable conduct
When a party in a contract acts unfairly/ deceives the other party
CASE STUDY: Contract Law
- Outline: Son convinced parents to become guarantors so he could get a business loan. The bank then manipulated the situation, not taking into account their lack of knowledge on what was happening, and the case was taken to the high court.
- Outcome: Court ruled in favour of the Amadio’s because the commercial bank has acted in unconscionable conduct; this is because the bank failing to explain the consequences of becoming a guarantor for a loan and failing to provide legal advice.
Tort Law
A civil wrong – not criminal matters, but involve the actions of one person inconveniencing another person
4 key areas of Tort law
- Negligence
- Nuisance
- Defamation
- Trespass
Key area of tort: Negligence
revolves around concept of ‘duty of care’; states that every person has the responsibility to ensure that their actions do not cause harm to others or their property, established through common law.
CASE STUDY: TORT/NEGLIGENCE
- Outline: a decomposed snail fell out of her ginger beer bottle, causing her to experience severe stomach pains, gastro and shock. It was argued that there was no contractual obligation, because she didn’t purchase the drink.
- Outcome: Lord Atkins stated individuals should have some remedy against a manufacturer producing a product that is not at the appropriate standard. Stating there was an implied contract, so it was not unreasonable to believe the drink was safe to consume.
Nuisance
one person interfering with another person’s rights; involves many cases heard in community justice centres
CASE STUDY: TORT/NUISANCE
- Outline: Roots from one of the neighbours trees blocked sewer pipes, resulting in expensive plumbing bills
- Outcome: ruled in favour of the people with the sewer pipes, but noted that they should have taken earlier action when addressing the issue
Defamation
damaging another person’s reputation, through misleading information that has been published to damage a person’s reputation. E.g. individuals taking action against websites for providing false information
Trespass
takes place when a person interferes with the property of another person, there is also the tort of trespass against the person e.g. unlawful imprisonment.
