classification of law Flashcards
What is criminal law
Refers to a law dealing with a crime. A crime is any act or omission of duty resulting in harm to society that is punishable by the state
what is administrative law
The law relating to the operation of the government and its various departments
Example: if you have a dispute with the government (girl suing NESA)
what is constitutional law
The law relates to whether the Commonwealth government has the power to do something under the Constitution.
What laws make up public law
The law dealing with relations between the individual (meaning individual people or organizations) and the state
- criminal
- administrative
- constitutional
what is contract law
The law relating to contracts – generally where one party claims that the other party has failed to fulfill the requirements of the contract.
A contract is a legally binding agreement between 2 or more parties.
what is tort law
The law relating to civil wrongs, ie. when the actions of one person causes some type of harm or inconvenience to another person (other than a crime) or breaches their rights
what is property law
The law relating to property – this includes the buying and selling of property such as houses
Property is anything that can be bought and sold and includes land and objects.
what makes up private law
The law dealing with relations between individuals (meaning individual people or organisations)
- property
- tort
- contract
Summary or indictable, proof and verdict:
what are the three elements in providing criminal offences
- mens rea
- actus reus
- causation
what is mens rea
the ‘guilty mind’ Referst to the intention of the accused to commit a crime. In traffic offenses, the prosecution does not have to demonstrate mens rea (this is known as strict liability) but in all other matters they must.
what is actus reus
the ‘criminal act’ and refers to the fact the accused must have actually committed the offence charged with.
what is causation
means that the prosecution must show that there is a link between the act and the crime.
what are civil court proceedings?
Civil cases are court actions involving disputes between individuals.
· They Involve a plaintiff and a defendant.
· An individual or organisation can bring the case to court.
· The onus is on the plaintiff to prove the case.
· The standard of proof is ‘on the balance of probabilities’ – more likely than not
what are criminal court proceedings?
In criminal court proceedings there is a prosecutor and a defendant (the accused)
· The state (through the prosecutor) brings the case to court.
· The onus is on the prosecutor to prove the case
· The standard of proof in a criminal case is ‘beyond reasonable doubt’
· Criminal cases can either be summary or indictable.
civil trial process
Plaintiff and defendant exchange documents called ‘pleadings’ that set out issues to be decided in court.
Parties can get information by a process of ‘discovery’.
Parties can settle the matter without trial if they agree.
If the plaintiff is successful, the judge can award a remedy e.g. injunction or damages.
Which court hears the case will depend on the monetary amount or the subject matter.
