1.3 Classification of Law

Question 1

what is public law?

Answer 1

law that relates to the public or govt. bodies and public matters that concern the whole society, that govern relationship between individuals & state

Question 2

what are the three main areas of public law?

Answer 2

criminal law, administrative law, constitutional law

Question 3

what does criminal law cover?

Answer 3

acts/omissions against the whole society → focuses on maintaining public safety, and order in the community

Question 4

what are criminal offences?

Answer 4

actions and/or omissions deemed unacceptable by society → e.g. stealing, assault, drug offences, murder

Question 5

how is criminal law created in Australia?

(and what act covers a majority of criminal offences?)

Answer 5

most criminal law is created by state legislation (e.g. Crimes Act 1900 [NSW] covers majority offences).

Question 6

what is a summary offence and what act are most summary offences contained under?

Answer 6

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

Question 7

what is an indictable offence and where are these offences heard?

Answer 7

major criminal offence, heard in District or Supreme Court before a jury & judge. e.g. murder, manslaughter.

Question 8

what are the two parties to a criminal case?

Answer 8

prosecution (DPP)/Crown → ‘R’ in case citations; and the defendant/accused person

Question 9

what are the four parties to a crime?

Answer 9

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)

Question 10

what did the R v Back (2009) case entail?

was the appeal on the sentence successful, and why?

Answer 10

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

Question 11

how are criminal court procedures conducted?

Answer 11

through the adversarial system.

Question 12

what extent must alleged offenders be proven guilty in criminal cases, and who does the onus of proof rest on?

Answer 12

beyond reasonable doubt, with the onus of proof resting on the prosecutor

Question 13

what court process does a guilty plea involve?

Answer 13

arrest → initial hearing → guilty plea → sentencing → appeal.

Question 14

what court process does a not-guilty plea involve?

Answer 14

arrest → initial hearing → not guilty plea → trial (judge decided verdict of guilty/not-guilty) → guilty/not-guilty verdict → sentencing/acquitted

Question 15

what is the burden of proof in a criminal case?

Answer 15

the prosecution has the responsibility/onus to prove the guilt of the alleged offender (the standard), beyond a reasonable doubt.

Question 16

what is the standard of proof in a criminal case?

Answer 16

beyond reasonable doubt for criminal matters → the level of proof required for a party to succeed in court.

Question 17

what does administrative law relate to?

Answer 17

relates to the operation of the government and its various departments

Question 18

what does administrative law create?

Answer 18

new governmental departments/agencies, done through passing a law establishing the department, as well as detailing the powers said body can exercise → ‘administrative powers’

Question 19

what is the Constitution?

Answer 19

legal document outlining powers and operations of govt., in which democratic societies (e.g. Australia) govt. and members must abide by rules established

Question 20

what does the AUS constitution deal with?

Answer 20

the division of power between federal, state, and territory governments, and the separation of power between the legislature, executive, & judiciary

Question 21

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)?

Answer 21

the High Court of Australia.

Question 22

what is private law (civil law)?

Answer 22

law connected to relationship between private citizens with the aim to regulate disputes between citizens

Question 23

what is the standard of proof in a civil case?

Answer 23

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’

Question 24

what is property law?

Answer 24

governs various forms of ownership & tenancy in real property & personal property. land & real estate seen as distinct from personal or moveable possessions

Question 25

what is contract law?

Answer 25

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

Question 26

how can a breach in a contract be remedied?

Answer 26

through “damages” in the form of compensation of money or specific performance enforced through and injunction

Question 27

what is tort law?

Answer 27

a civil wrong that unfairly causes someone to suffer loss or harm (mental, physical, economic, infringement of privacy rights) that results in legal liability

Question 28

what case study (+ appeal), relates to the concept of tort law?

Answer 28

Wilson v Bauer Media Pty Ltd (2017) → appeal case: Bauer Media Pty Ltd v Wilson (2018)

Question 29

what was the reasoning behind the Wilson v Bauer Media Pty Ltd (2017) case?

Answer 29

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

Question 30

what occurred during the Bauer Media Pty Ltd v Wilson (2018) APPEAL case?

Answer 30

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.

Question 31

how do civil court cases occur?

Answer 31

due to disputes between individuals, and initiated by individuals or organisations

Question 32

who initiates a civil court case?

Answer 32

initiator of the case, ‘the plaintiff’, begins by issuing a statement of claim to ‘the defendant’ (the individual or organisation that committed the wrong)

Question 33

who is the burden of proof placed on in a civil case?

Answer 33

on injured party (plaintiff) to prove that his/her allegations

Question 34

what is the burden of proof in a civil case?

Answer 34

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)

Question 35

what is the standard of proof on in a civil case?

Answer 35

the ‘balance of probabilities’

Question 36

how can the plaintiff prevail/succeed in a tort civil case?

Answer 36

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’