Classification of Law Flashcards
(22 cards)
What is Public Law?
The body of law governing relationships between individuals and the state, and the structure and operation of government itself.
Public law includes various branches such as criminal law, administrative law, and constitutional law.
What does Criminal Law govern?
Body of rules under which certain acts are punished by the state.
Its function is to maintain public safety and order for society.
What are the main criminal statutes in Australia?
- Crimes Act 1900 (NSW)
- Criminal Code 2002 (ACT)
These statutes are regularly amended to reflect changes in society.
What is the function of Administrative Law?
Oversees government powers and decisions of government organizations.
It ensures accountability of administrative decisions and actions by government.
What methods exist for reviewing government decisions?
- Internal review within the agency
- External review by bodies like Administrative Appeals Tribunal
- Judicial review by courts
Not all government dealings can be challenged, such as policy decisions.
What is Constitutional Law?
Branch of public law focusing on rules governing executive, legislative and judicial functions.
It divides legislative power between Commonwealth and states.
What happens when there are inconsistencies between Commonwealth law and state legislation?
Commonwealth law prevails.
Cases involving constitutional questions go to the High Court of Australia.
What is Private Law?
The body of law governing relationships between individuals or between individuals and organizations.
It includes areas such as contract law, tort law, and property law.
What does Contract Law concern?
Agreements recognized by law between two or more parties.
Legal action can be brought in civil court when a contract is breached.
What are common remedies for breach of contract?
- Damages (monetary compensation)
- Injunctions (orders directing a party not to do something)
- Specific performance (orders specifying how breaching party must perform)
These remedies are typically sought in civil court.
What does Tort Law deal with?
Civil wrongs where someone interferes with another’s rights.
Unlike contracts, no prior legal relationship exists between parties.
What are types of torts?
- Negligence
- Nuisance
- Trespass
- False imprisonment
- Defamation
The landmark case Donoghue v Stevenson [1932] established modern negligence tort.
What is Property Law?
Governs relations involving things that can be owned and have commercial value.
This includes physical objects and less tangible interests like company shares.
What is the definition of Criminal and Civil Court Procedures?
The formal processes followed in courts for criminal prosecutions and civil disputes.
Key differences exist between criminal and civil procedures.
What is the standard of proof in a criminal case?
Beyond reasonable doubt.
This is the highest standard of proof in legal proceedings.
What is the standard of proof in a civil case?
Balance of probabilities.
This means the plaintiff must prove their case is more likely true than not.
Who presides over cases in court?
Judges/Magistrates.
They ensure rules are followed and a fair trial is conducted.
What roles do Legal Representatives play in court?
- Solicitors give legal advice
- Barristers represent clients in court
Both roles are essential in the legal process.
What are the two major legal systems in the world?
- Common Law
- Civil Law Systems
These systems form the basis of legal frameworks around the world.
What is Common Law?
Developed by custom and continued by courts.
Rules are derived from specific court rulings.
What distinguishes Civil Law Systems from Common Law?
Developed from Roman law system, uses codified system of rules applied by judges.
Often employs an inquisitorial rather than adversarial system.
What is a Mixed System in law?
Many countries use combinations of common and civil law principles.
This reflects the diverse legal traditions across nations.
