Flashcards in Chapter 3: Classification Of Law Deck (17)
What is private law?
Regulates the relationships between individuals
What jurisdiction does private law use?
What are the three sections of private law?
1. Contract law: agreement between two parties where compensation for damages etc.
2. Tort Law: 'civil wrongs'
3. Property law
What is public law?
Regulates the relationship between the person and the state
What are the three sections of public law?
1. Criminal law: maintains public safety and order
2. Administrative law
3. Constitutional law: rules governing the executive, legislative and judicial functions of government
If there is inconsistencies with the state and the commonwealth, what prevails?
What are the 2 types of criminal hearings?
1. Summary hearings
2. Trial by during
(Depends whether or not it is summary or indictable)
Before an accused is trialled for an INDICTABLE offence, where do they go?
A committal hearing
Which, criminal or civil, matter is brought forth by the individual or organisation, not the state?
What is the role of Constitutional law?
1. To deal with inconsistencies between the state and commonwealth legislation
2. Focuses on rules governing the JEL functions of gov.
What is the role of Administrative law?
Deals with governments powers and decisions made by the government bodies AND accountability
What is tort law?
Civil wrongs - when someone interfere with the rights of someone else
What is property law?
Involves things that can be owned and have commercial value
What is the role of contract law?
Recognise the agreements between parties and enforce it.
What are the 6 main characteristics of criminal proceedings?
1. The state brings the case to court
2. There is a punishment
3. There is a prosecutor and a defendant
4. The onus is on the prosecutor
5. Must be proved beyond reasonable doubt
6. It's a criminal trial process
What are the characteristics of civil proceedings?
1. Balance of probabilities
2. Onus is on the plaintiff
3. There's a plaintiff and defendant
4. Individual/organisation brings the case forward