topic 2 - legal system Flashcards
(22 cards)
Laws define
laws set out basic rights and responsibilities.
non-legal rules
apply to a group or organisation, but not to society as a whole.
legal rules
apply to all members of society and include criminal and civil law.
criminal laws
Criminal law deals with crimes such as murder, theft and culpable driving
civil law
Civil law is where there is a dispute between two private individuals. The courts hear civil cases in order to determine the rights of
individuals and to settle the dispute.
Equality before the law
all individuals regardless of their race, sex, income level or mental capacity should be treated equally when dealing with the legal system.
distinguishing law response
A difference between Criminal law and civil law are the crimes committed. Criminal law involves murders. theft or anything the police get’s involved in. Whereas civil law is crimes were the plaintiff was hurt and can go to court to sue the defendant or issues that can be solved without the police getting involved.
Decisions of criminal law
The verdict of guilty or not guilty.
Decisions of civil law
To be liable or not liable.
Parties involved with Criminal law
prosecution and the accused.
Parties involved with civil law
Plaintiff and the defendant.
County court
In civil law, the county court is more complex and over $100000, includes a judge and maybe a jury, of 6 people.
In criminal law, the county court is more serious such as robbery and capable driving.
Magistrate court.
in civil law, the magistrate is not complex and under $100000.
In criminal law, the magistrate is less serious such as drink driving, speeding.
supreme court
In civil law, the supreme court is the most complex case and over $100000.
In criminal law, the supreme court is most serious and includes murder and manslaughter.
What makes Civil law?
To sue people.
what makes criminal law?
Police will be involved.
Civil terms- court procedures
A trial before a judge sitting alone or a judge and an optional jury of six.
criminal law - court procedures
Where the accused pleads not guilty, a trial before a judge and jury of 12 people.
standard of proof required- criminal law
beyond a reasonable doubt.
standard of proof required- Civil law
on the balance of probability.
unbiased judiciary
courts are separate from the government and parliament, all courts are open to the public.
rights to appeal
If anyone is not satisfied with the outcome of the case they have the right to appeal and have their case reviewed by a higher court, it has to be on reasonable grounds
