Classification Of Law Flashcards

0
Q

Why is criminal law considered public law?

A

When you break criminal law, it is said that you are harming all members of society

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1
Q

Main types of public law?

A
  • Criminal Law
  • Administrative Law (operation of govt. & various departments)
  • Constitutional Law (powers and operation of the govt. In constitution)
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2
Q

What is crimes against a person?

A

Involving injury/threat of injury to another (ie. homicide - intentional killing, assault - causing/threatening to cause injury to another)

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3
Q

Crimes against property?

A

Involves theft/damage to another’s property (eg. Larceny - removing another’s property without consent, robbery - using/threatened use of violence)

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4
Q

Crimes against sovereign is?

A

Crimes damaging the country and it’s people (eg. Treason - actively trying to bring the collapse of country, sedition - encouraging hatred of country)

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5
Q

White collar crime?

A

Committed by professional people eg. Tax evasion, fraud

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6
Q

Traffic offences?

A

Most commonly committed crimes eg. Speeding, drink driving

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7
Q

Drug offences?

A

Offences against the state including importation, manufacture, possession, trafficking, distribution, supply and use of prohibited narcotics

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8
Q

Public order offences?

A

Disrupting activities of a society (eg. Swearing/being drunk in a public place)

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9
Q

Differentiate public and private law

A

Public law sets general standards of behaviour expected by a society whereas private law/civil law deals with legal relations between individuals and organisations

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10
Q

Differentiate plaintiff and defendant?

A

Defendant is the person accused of the wrongdoing, plaintiff is the person bringing the case

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11
Q

What is tort?

A

Civil wrong doing involving actions of 1 person inconveniencing or breaching rights of another

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12
Q

List/describe four areas of tort law

A

NEGLIGENCE - revolves around concept of duty of care; every person and organisation has responsibility to ensure their actions don’t cause harm to others/property
NUISANCE - one person interfering with another person’s rights
DEFAMATION - damaging another’s reputation
TRESPASS - interferes with the property of another

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13
Q

Difference between judge and magistrate?

A

Judges sit in intermediate/superior courts. They adjudicate (decide on points of law, issue instructions to jury) cases and issue sentencing a, rulings and may determine case when there is no jury.

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14
Q

Differentiate standard and burden of proof

A

Standard of proof is beyond reasonable doubt in criminal case ad balance of probabilities in civil matters, that is level of proof required to win a case whereas burden of proof refers to which side much prove the case - always lie with prosecution

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15
Q

What is meant by balance of probabilities?

A

Balance of probability is the standard of proof required in a civil case. Based on who is most likely to be telling the truth on evidence presented.

16
Q

Which famous case established duty of care?

A

Donoghue v. Stevenson - decomposed snail found in ginger beer