Chapter 3: Classification Of Law Flashcards Preview

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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?

The commonwealth


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


What are the 7 legal professionals?

1. Witness
2. Court reporter
3. Judges and magistrates
4. Court officer
5. Tip staff
6. Barristers and solicitors (legal practitioners)