Chapter 1F: Criminal and Civil Law Flashcards
What does criminal law refer to?
Laws that aim to protect society from harm, and punish those who offend against our basic values
What is a crime?
An act or omission which constitutes an offence and is punishable under criminal law
What are examples of criminal law offences?
Murder, manslaughter, theft and assault
Where are most criminal offences in Victoria set out?
The Crimes Act (1958)
What is murder?
Voluntarily causing the death of another person with malice aforethought, and without a lawful excuse
What is manslaughter?
Causing the death of another human being unlawfully, without malice aforethought
What is theft?
The physical removal of an object that is capable of being stolen without the consent of the owner, and with the intention of depriving the owner of it permanently
What is assault?
The application or threat of force against another person without any lawful excuse, where you intend to inflict injury on the person
What does civil law refer to?
Laws that aim to provide individuals and organisations the right to seek a remedy if another party infringes their rights, causes injury or loss
What is a civil dispute?
A dispute between two parties where one party feels their rights have been infringed by the actions of the other party and is seeking compensation
What is the aim of civil law?
To return the party who suffered loss or injury to their original position
What is the outcome of a civil case?
A judge or jury deciding whether the defendant is liable or not liable for the plaintiff’s suffering
What will the plaintiff in a civil case usually be pursuing?
A claim of financial compensation
What are some examples of civil law?
Family law, property law, contract law and negligence law
Which act contains the majority of instances whereby a person may face civil law consequences?
The Wrongs Act (1958) sets out a number of instances where a person may be liable for infringing the individual rights of another
