1.3 Classification of Law Flashcards
what is public law?
law that relates to the public or govt. bodies and public matters that concern the whole society, that govern relationship between individuals & state
what are the three main areas of public law?
criminal law, administrative law, constitutional law
what does criminal law cover?
acts/omissions against the whole society → focuses on maintaining public safety, and order in the community
what are criminal offences?
actions and/or omissions deemed unacceptable by society → e.g. stealing, assault, drug offences, murder
how is criminal law created in Australia?
(and what act covers a majority of criminal offences?)
most criminal law is created by state legislation (e.g. Crimes Act 1900 [NSW] covers majority offences).
what is a summary offence and what act are most summary offences contained under?
minor criminal offence, heard by the Local Court by the magistrate, most summary offences contained in Summary Offences Act 1988 (NSW). e.g. theft, speeding
what is an indictable offence and where are these offences heard?
major criminal offence, heard in District or Supreme Court before a jury & judge. e.g. murder, manslaughter.
what are the two parties to a criminal case?
prosecution (DPP)/Crown → ‘R’ in case citations; and the defendant/accused person
what are the four parties to a crime?
principle in first degree (did it), principle in second degree (helped commit the offence), accessory before fact (planned it before), and accessory after fact (helped after the crime was committed)
what did the R v Back (2009) case entail?
was the appeal on the sentence successful, and why?
teen intentionally or recklessly damaging a brick wall, property of the Hyde Park Cafe, jailed for 3 months, later granted unconditional bail pending her appeal
appeal granted due to extremity of the punishment
how are criminal court procedures conducted?
through the adversarial system.
what extent must alleged offenders be proven guilty in criminal cases, and who does the onus of proof rest on?
beyond reasonable doubt, with the onus of proof resting on the prosecutor
what court process does a guilty plea involve?
arrest → initial hearing → guilty plea → sentencing → appeal.
what court process does a not-guilty plea involve?
arrest → initial hearing → not guilty plea → trial (judge decided verdict of guilty/not-guilty) → guilty/not-guilty verdict → sentencing/acquitted
what is the burden of proof in a criminal case?
the prosecution has the responsibility/onus to prove the guilt of the alleged offender (the standard), beyond a reasonable doubt.
what is the standard of proof in a criminal case?
beyond reasonable doubt for criminal matters → the level of proof required for a party to succeed in court.
what does administrative law relate to?
relates to the operation of the government and its various departments
what does administrative law create?
new governmental departments/agencies, done through passing a law establishing the department, as well as detailing the powers said body can exercise → ‘administrative powers’
what is the Constitution?
legal document outlining powers and operations of govt., in which democratic societies (e.g. Australia) govt. and members must abide by rules established
what does the AUS constitution deal with?
the division of power between federal, state, and territory governments, and the separation of power between the legislature, executive, & judiciary
what court deals with matters regarding constitutional law (e.g cases in which the is government thought to have exceeded rights outlined in the Constitution)?
the High Court of Australia.
what is private law (civil law)?
law connected to relationship between private citizens with the aim to regulate disputes between citizens
what is the standard of proof in a civil case?
standard of proof on ‘balance of probabilities’ → plaintiff (with burden of proof) must prove it was more probable than not that he/she suffered injuries or loss due to defendants actions or that ‘his/her claim is correct in law’
what is property law?
governs various forms of ownership & tenancy in real property & personal property. land & real estate seen as distinct from personal or moveable possessions
what is contract law?
an agreement having a lawful object entered into voluntary by two or more parties, each intending to create one or more legal obligations between them
how can a breach in a contract be remedied?
through “damages” in the form of compensation of money or specific performance enforced through and injunction
what is tort law?
a civil wrong that unfairly causes someone to suffer loss or harm (mental, physical, economic, infringement of privacy rights) that results in legal liability
what case study (+ appeal), relates to the concept of tort law?
Wilson v Bauer Media Pty Ltd (2017) → appeal case: Bauer Media Pty Ltd v Wilson (2018)
what was the reasoning behind the Wilson v Bauer Media Pty Ltd (2017) case?
it was a defamation case → the publisher accused her of lying about her real name, age, and childhood. Wilson said this directly impacted her career and reputation. Wilson was then rewarded $4.7 million
what occurred during the Bauer Media Pty Ltd v Wilson (2018) APPEAL case?
Wilson was ordered to pay back $4.1 million (left w/ >12% of the original payment), including $60,316.45 in interest because she was not entitled to the $3.6 million in economic damages.
how do civil court cases occur?
due to disputes between individuals, and initiated by individuals or organisations
who initiates a civil court case?
initiator of the case, ‘the plaintiff’, begins by issuing a statement of claim to ‘the defendant’ (the individual or organisation that committed the wrong)
who is the burden of proof placed on in a civil case?
on injured party (plaintiff) to prove that his/her allegations
what is the burden of proof in a civil case?
burden of proof on injured party (plaintiff) to prove his/her allegations. rules give defendant chance to provide evidence that rebuts case made by plaintiff (referred to as a rebuttal)
what is the standard of proof on in a civil case?
the ‘balance of probabilities’
how can the plaintiff prevail/succeed in a tort civil case?
plaintiff (with the burden of proof) must prove that it was more probably than not that he/she suffered loss/harm due to the defendants actions (or lack thereof), or that ‘his/her claim is correct in law’