areas of law (slides five) Flashcards
what is public law?
- law that deals with powers and obligations of governments and
citizens
- applies to behaviours and offences that relate to society as a whole
- this area of the law includes criminal law
- industrial law is also a type of public law, dealing with legal issues in the
workplace
what is private law?
law that aims to regulate relationships between individuals, companies, and
organisations
this area of law includes civil law
what are the sub-branches of public law?
- criminal
- administrative
- constitutional
- industrial
what are the sub-branches of private law?
- tort
- property
- contract
- family
what is criminal law?
a law that’s needed to keep community safe from harm, to provide for an orderly society, and to provide a way of dealing with crime when it occurs. offenders will be punished if they’ve chosen to put people/property at risk
what is administrative law?
deals with decisions + powers of government departments. allows courts to review and change decisions of government if necessary
what is constitutional law?
deals with rules by which a country is governed. concerned with the powers + authorities of parliament, the rights of each citizen, and powers between federal and state governments
what is industrial law?
law concerned with rights + obligations of employers/employees. much of this includes the legal way of dealing with; resolving industrial disputes, workers compensation, occupational health + safety, and discrimination in workforce
what is tort law?
deals with situations when one person infringes the rights of another, resulting in distress/injury.
what is property law?
this law recognises two broad property types; real property (land, buildings), and personal property (goods and services we purchase)
property law provides regulations about sales, leasings, and property hiring
what is contract law?
concerned with legal agreements between two or more people. if one party fails to carry out their side of the agreement, that person can be sued for contract breach
what is family law?
regulates family relationships. this law sets rules about process of getting married; who can get married, de facto relationships, divorce, custody, and other aspects involving family members
what is civil law?
- civil cases are court actions involving disputes between individuals
- civil law plays important role in creation and protection of our individual rights
- individuals can claim their rights have been infringed upon
- two most commonly heard areas of civil law are contract and tort law
- person bringing case to court usually has a remedy they’d like to achieve in response to infringement
what are some remedies under civil law?
- compensation - sum of money to compensate for damages suffered by plaintiff
- injunction – order by the court to stop,
cease or reverse an action
- specific performance – order by the court for defendant to perform an action.
what are examples of infringements under tort law?
- negligence - a person fails to take reasonable care, and as a result, injures another person
- defamation - a person injuring another person’s reputation
- nuisance - a person causing unreasonable interference with another person’s right to quiet
enjoyment of their property
- trespass - a person interfering with another person, or that person’s property rights
what are civil court procedures?
involves:
plaintiff
the party that commences a civil action
defendant
party in a criminal/civil trial against who the action has been brought
- individuals or organisations can bring the cases to court
- the onus is on the plaintiff to prove the case.
- burden/standard of proof is ‘on the balance of probabilities.
- parties can settle the matter without trial if they agree.
outcome: liable or not liable
which court hears the case
depends on monetary amount
or subject matter
use of a jury is at option
of the parties, but will be smaller
(usually four or six)
what are remedies under criminal law?
- jail
- fine
- court order – order by the court for accused to perform an action.
what are criminal court procedures?
- in criminal cases, there’s a prosecutor and an accused
- the state (through the prosecutor) brings case to court
- onus is on the prosecutor to
prove the case
- standard of proof in a criminal
case is ‘beyond reasonable doubt’
- criminal cases can either be
summary or indictable
what is a summary offence?
offences heard by a magistrate in the local court without a jury
what is an indictable offence?
offences usually heard in the district or supreme court before a judge
and jury
