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.
who are the different types of legal personnel
Legal personnel:
- Judge
- Magistrate
- Judge’s associate
- Barrister
- Prosecutor
- Solicitor
- Witness
- Court officer
- Court reporter
what is a judge
judges sit in immediate and superior courts making final decisions
what is a majistrate
sits in inferior courts, role is to determine cases
what is a judges associate
provide legal reaserch and provide support for the judge
what is a barrister
what is a procecutor
the person or state formally conducting legal proceedings against a criminal defendant
what is a solicitor
a lawyer who is consulted by the general public in regards to civil or criminal lae cases seeking legal advice
what is a witness
a person who has information about a case that may be useful
what is a court officer
play an important role in the administration of justice. Your duties will be varied and include: welcoming jurors and handling enquiries from the general public
what is a court reporter
what is a defendant
a person who is accused of a crime or a civil wrong, in a criminal; case, also known as the accused
what is the balance of probabilities
standard of proof required in a civil case
what is a jury
members of the public who listen to all of the evidence in a court case and decide on the verdict
what is a sanction
a penalty or punishment imposed for breaking the law
what are damages
a monetary compensation for harm or loss suffered
what is cross examination
questioning of a witness called by the party who did not call the witness.
what is public law
the body of law governing relationships between individuals and the state.
what is an onus
burden or duty of providing the case to the court
what is the standard of proof
the level of proof required in order for the party that has the burden of proof to succeed.
who is the procecutor
the state or crown formally conducting legal proceedings against a criminal defendant
what is private law
the body pf law governing relationships between individuals.
what does beyond reasonable doubt mean
standard of proof required in a criminal case.
what is burden of proof
the responsibility of a party to prove a case.
who is the examination in cheif
questioning of a witness by the party who called the witness.
who is a plantiff
a person who initiates a civil action
