Classification Of Law Flashcards
Define Public Law
Concerned with regulating people’s behaviour within society as a whole and protecting freedoms and rights of individuals
Why Are Criminal Laws Created?
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
What Is The Role Of Administrative law
o Deals with the decisions and powers of government departments
o Allows courts to review and change the decisions of government if necessary
What Is The Role Of Constitutional Law
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
What Is The Role Of Industrial Law
o The law concerned with the rights and obligations of employers and employees
o Resolving workplace disputes, workers compensation etc.
Define Private Law (Civil)
Concerned with how individuals interact with other individuals
Outline Contract Law
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
Outline Tort Law
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
What Does Tort Mean In French?
Tort is French for ‘wrong’
Outline Property Law
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)
Outline Family Law
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
Define Summary Hearing
For less serious offences with just a judge/magistrate
Define Trial By Jury
Jury decides guilty/not guilty verdict & judge decides on sentence
Define Summary Offence
Less serious offences e.g. petty theft
Define Indictable Offence
More serious offences e.g. murder
Define Triable Summarily Offences
Offences where the accused of an indictable (serious) crime chooses to have their case heard in lower court
2 Types Of Court Hearings In Criminal Case What Are They?
o Summary hearing (for less serious offences)
o Triable summarily offences (conducted by judge/magistrate only)
List Types Of Law That Full Under Civil Law and Court Procedures
o Tort law
o Contract law
o Property disputes
Define Plaintiff
Person who brings the case to court
Define Defendant
Person who allegedly committed the wrong
What Are The Difference Between
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)
Define Burden Of Proof (Onus)
This means who has the responsibility of proving guilt
In Our CJS (criminal justice system) We Have The Presumption Of What?
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
Define Balance Of Probabilities
Plaintiff has to prove their perspective is the most likely scenario
