Classification of Law

Question 1

Public Law

Answer 1

Public laws apply to everyone

They are laws relating to the relationship between individuals and the state, and the operation of government

Question 2

Criminal Law

Answer 2

A crime is considered to be an offence against the whole of the community

Criminal law is designed to protect society

It includes laws that make certain acts and omissions illegal and punishable by the state

Question 3

Which NSW Act covers criminal law?

Answer 3

The Crimes Act 1900 (NSW) has been amended to reflect changing societal values

Question 4

Administrative Powers

Answer 4

Administrative powers are used by the executive arm of the government who will administer new laws into effect

Question 5

Administrative Law

Answer 5

Administrative law is the body of law that regulates government decision making

Question 6

Consitutional Law

Answer 6

Constitutional law outlines the powers and operation of the government

Question 7

Who deals with Constiutional Law?

Answer 7

The High Court

Question 8

What are the three areas of public law?

Answer 8

Criminal Law

Administrative Law

Constitutional Law

Question 9

Private Law

Answer 9

Private laws are part of the civil legal system

They are laws relating to the relationship between individuals

Question 10

What are the the three areas of private law?

Answer 10

Contract Law

Tort Law

Property Law

Question 11

Contract Law

Answer 11

Disputes where one party believes that the other party has failed to fulfil the requirements of the contract

Question 12

Three stages of a contract

Answer 12

Offer

Consideration

Acceptance

Question 13

Tort Law

Answer 13

The law of torts, or civil wrongs, involves the actions of one person inconveniencing another person, or breaching their rights

Question 14

Four areas of tort law

Answer 14

Negligance

Nusiance

Defamation

Trespass

Question 15

Negligence

Answer 15

A breach of duty of care which results in damage

Question 16

Nuisance

Answer 16

Involves one person interfering with another person’s rights

Question 17

Defamation

Answer 17

False or misleading information is spread about a person or group

Question 18

Trespass

Answer 18

Occurs where there is wrongful interference with property belonging to another party

Question 19

Property Law

Answer 19

Governs relations involving things and interests that can be owned and that have commercial value

Question 20

Standard of Proof in a Criminal Case

Answer 20

‘beyond reasonable doubt’

Question 21

Three Elements in Proving a Criminal Offence

Answer 21

Mens Rea: The intention of the accused to commit a crime

Actus Reus: The accused must have actually committed the offence

Causation: The prosecution must show a link between the act and the crime

Question 22

Parties in a Criminal Case

Answer 22

Prosecution & Defendant

Question 23

Parties in a Civil Case

Answer 23

Plaintiff & Defendant

Question 24

Standard of Proof in a Civil Case

Answer 24

On the Balance of Probabilities

Question 25

Civil Legal System - Trial System

Answer 25

Inquisitorial, with the court actively participating in the investigation & trial

Question 26

Role of the Judge in a Civil Legal System

Answer 26

To find the facts, can question the witnesses