Classification of Law Flashcards
What is Public Law?
The body of law governing relationships between individuals and the state, and the structure and operation of government itself.
This includes Criminal Law, Administrative Law and Constitutional Law.
What is Private Law?
The body of law governing relationships between individuals.
This includes Contract Law, Tort Law and Property Law.
What is Criminal Law?
Law concerned with the punishment of offenders
What is Administrative Law?
Law concerned with the overview of government powers and the decisions of government organisations
What is Constitutional Law?
Law concerned with governing the Executive (The branch of government made up of the Governor or Governor-General and selected ministers. It is the body that enables legislation to be put into operation.)
What is Contract Law?
Law concerned with the validity of contracts and the actions taken to enforce them.
What are some examples of things that Property Law governs?
Intellectual property, land and estates, possessions and shares in a company.
Administrative Law can be put into action through review of decisions. What are the three types of review?
Internal Review
Review of an agency’s decision by someone within the agency.
External Review
A formal system where a person outside of an agency reviews the decision.
Judicial Review
The court reviews a judicial decision.
For example, Australia’s High Court has the power to give specified remedies against unlawful action by federal government.
In Contract Law, the most common remedy for breach of a contract are ‘Damages’. What are damages?
Damages are viewed as a substitute for performance of the contract. They are designed to put the plaintiff in the position they would have been in if the contract had been performed properly, by compensating them.
In short, monetary compensation.
What is Tort Law?
Law concerned with civil wrongs.
