classification of law

Question 1

public law

Answer 1

Laws dealing with the relationship between an individual and state

Question 2

areas of public law

Answer 2

criminal, constitutional, administrative

Question 3

criminal law

Answer 3

Involved with prosecuting individuals who are accused of committing an act against the state for which punishment is prescribed

The main criminal statute is the Crimes Act 1900 (NSW)

Question 4

constitutional law

Answer 4

This branch of law deals with disputes regarding the power of federal and state governments

E.g. Commonwealth V ACT (2013) - same sex marriage constitution.

Question 5

administrative law

Answer 5

Deals with disputes between individual and government departments

Challenges the government decision made about an individual

Question 6

private law (civil)

Answer 6

Laws that deal between individuals in society. Deals with infringement of rights.

Question 7

areas of private law

Answer 7

contract, family, tort, property

Question 8

contract law

Answer 8

Deals with disputes regarding breaches of contract, a contract is a legally binding agreement between two parties.

Question 9

family law

Answer 9

Divorce, children issues, property disputes, care and protection of children

Question 10

tort law

Answer 10

A civil wrong that exists to protect our rights

If one person denies another person’s rights they can sue for money or order such as an injunction.

Question 11

negligence

Answer 11

Refers to the duty of care

If someone fails to take care in a circumstance and someone is harmed, they can sue under the tort of negligence

The plaintiff needs to prove on the balance of probabilities that the defendant was responsible

E.g. Donoghue V Stevenson (1932)

Question 12

defamation

Answer 12

Ruining a person’s reputation/good character

Slander = an individual’s nature and reputation ruined with untrue claims through public speech

Question 13

trespassing

Answer 13

interference with:
- Land
- Person
- Property

Question 14

property law

Answer 14

Involves buying/selling or leasing of property including intellectual property

Question 15

magistrate

Answer 15

Presides in the Local, Childrens or Coroners Court. Legally trained and
appointed by Parliament. Decides questions of law and fact. (Hears all evidence and decides if the accused is guilty or not or the defendant is liable or not.) Also passes sentence or decides damages.

Question 16

judge

Answer 16

Presides in Intermediate and superior courts such as District or Supreme courts. Legally trained and appointed by Parliament. In jury trials, the judge decides questions of law, instructs the jury and passes sentences. In civil cases without a jury, a judge decides outcome and damages.

Question 17

police prosecutor

Answer 17

Represents the Police in Criminal trials in Local Court, usually legally trained.

Question 18

solicitors

Answer 18

Legally trained who give legal advice to clients on a wide range of issues. Prepare court documents/wills and may appear in inferior courts on behalf of clients. May instruct barristers for trials in higher courts. They have a practising certificate under the Law Society of NSW.

Question 19

barrister

Answer 19

Legally trained who also advise clients. Main role to act as counsel for clients in court. Specially trained in advocacy and usually appear in intermediate and superior courts.

Question 20

court officer

Answer 20

Calls and swears in witnesses. Keeps order in the court. Passes documents between the barristers (Bar Table) and the Judge/Magistrate (Bench)

Question 21

corrective service officer

Answer 21

In charge of an accused person in custody in a criminal trial.