Classification of law

Question 1

What is public law and what does it include?

Answer 1

Public law governs the powers and obligations of the government and citizens and the relationship between the two.
* Criminal law.
* Administrative law: Administrative law looks after government powers and the decisions of government bodies.
* Constitutional law: executive, legislative and judicial branches of government.

Question 2

What is private law and what does it include?

Answer 2

Private law concerns the relationships between people, organisations and companies.
* Contract law: the recognition of an agreement, or promise, between two or more parties that is recognised by law.
* Tort law: instances where someone or an organisation has done something to do something to infringe on the rights of someone else, except under contract; civil wrongs (scratching a car).
* Property law: governs relations involving things and interests that can be owned and that have a commercial value.

Question 3

What is the purpose of private and public law?

Answer 3

Private law exists to ensure just outcomes when people dispute, since leaving citizens to their own conflict resolution may not go smoothly.

Public Law ensures justice prevails throughout society, holding all to account for their transgressions.

Question 4

Name some differences between criminal and civil proceedings.

Answer 4

Criminal
* A prosecutor and defendant.
* The state or crown (R) brings the case to court.
* The onus of proof is on the prosecution, to prove beyond reasonable doubt.
* Criminal cases can be either summary or indictable.

Civil
* A plaintiff and defendant.
* An individual or organisation brings the case to court.
* The onus of proof is on the plaintiff, to prove on the balance of probabilities.
* Parties can settle the matter outside of court if they agree.
* If the plaintiff is successful, a remedy in the form of damages can be offered.

Question 5

Identify the personnel involved in the proceeding of court and their roles (in adversarial system).

Answer 5

• Judge: intermediary who decides on sentencing and helps the jury in points of misunderstanding.
  Advocates:
• Barristers and lawyers: presents their client’s case in court, usually specialised in a certain area of legal contention.
• Solicitor: acts as a lawyer in lower courts and works to advise barristers.
  Court officials:
• Court officer: organises court lists, calls witnesses, administers oaths
• Court reporter/transcribe: writes down what is occurring and what has been said in the trial.

Question 6

Compare and contrast Australian civil and common law systems.

Answer 6

Civil:
* If there is no statute covering the issue the court has no jurisdiction in developing a precedent.
* Inquisitorial.
* The role of the judge is to find the facts from evidence or testimony.
* Less strict (allow objections on the grounds of hearsay).

Common:
* The absence of statute does not preclude the court from dealing with a matter - will develop a precedent.
* Adversarial
* The role of the judge is to regulate what evidence is being presented.
* More strict (does not allow hearsay).