Flashcards in Classification Of Law Deck (17)
Main types of public law?
- Criminal Law
- Administrative Law (operation of govt. & various departments)
- Constitutional Law (powers and operation of the govt. In constitution)
Why is criminal law considered public law?
When you break criminal law, it is said that you are harming all members of society
What is crimes against a person?
Involving injury/threat of injury to another (ie. homicide - intentional killing, assault - causing/threatening to cause injury to another)
Crimes against property?
Involves theft/damage to another's property (eg. Larceny - removing another's property without consent, robbery - using/threatened use of violence)
Crimes against sovereign is?
Crimes damaging the country and it's people (eg. Treason - actively trying to bring the collapse of country, sedition - encouraging hatred of country)
White collar crime?
Committed by professional people eg. Tax evasion, fraud
Most commonly committed crimes eg. Speeding, drink driving
Offences against the state including importation, manufacture, possession, trafficking, distribution, supply and use of prohibited narcotics
Public order offences?
Disrupting activities of a society (eg. Swearing/being drunk in a public place)
Differentiate public and private law
Public law sets general standards of behaviour expected by a society whereas private law/civil law deals with legal relations between individuals and organisations
Differentiate plaintiff and defendant?
Defendant is the person accused of the wrongdoing, plaintiff is the person bringing the case
What is tort?
Civil wrong doing involving actions of 1 person inconveniencing or breaching rights of another
List/describe four areas of tort law
NEGLIGENCE - revolves around concept of duty of care; every person and organisation has responsibility to ensure their actions don't cause harm to others/property
NUISANCE - one person interfering with another person's rights
DEFAMATION - damaging another's reputation
TRESPASS - interferes with the property of another
Difference between judge and magistrate?
Judges sit in intermediate/superior courts. They adjudicate (decide on points of law, issue instructions to jury) cases and issue sentencing a, rulings and may determine case when there is no jury.
Differentiate standard and burden of proof
Standard of proof is beyond reasonable doubt in criminal case ad balance of probabilities in civil matters, that is level of proof required to win a case whereas burden of proof refers to which side much prove the case - always lie with prosecution
What is meant by balance of probabilities?
Balance of probability is the standard of proof required in a civil case. Based on who is most likely to be telling the truth on evidence presented.