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Legal Studies 2020 > Classification of law amended > Flashcards

Classification of law amended Flashcards

1
Q

What is Public law?

A

Public law is the law which deals with the powers and obligations of governments and citizens.

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2
Q

What are the three main types of public law?

A
  1. Criminal law 2. Administrative law3. Constitutional law
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3
Q

What is criminal law?

A

Criminal law is the body of rules under which certain acts or omissions are punished by the state.

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4
Q

What is the function of criminal law?

A

Its function is to maintain public safety and order for the whole society.

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5
Q

Who has the responsibility of criminal law?

A

The state has the responsibility because the offence is seen to damage the moral order of society. Actions and punishments covered by statue law are similar to the same throughout the states.

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6
Q

What is the main criminal statue in NSW?

A

Main criminal statute is the crimes act 1900 (NSW)

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7
Q

What are the 7 types of crime?

A
  1. Crimes against the person2. White-collar crime 3. Crimes against property 4. Crimes against the state5. Traffic offences 6 public order offences 7. Drug offences
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8
Q

What is administrative law?

A

This the area of the law that deals with government powers and decisions made by the government bodiesIt exists to ensure the accountability of the government

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9
Q

What is Administrative law used for?

A

Administrative law is used to challenge the actions of the government departments who exist to administer these policy decisions (e.g A taxpayer could challenge his/her assessment under this law)

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10
Q

What are three ways in which a person can seek a review of a decision made by an agency?

A
  1. Internal review 2. External review 3.Judicial review
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11
Q

What is internal review?

A

Occurs when a decision is made by a member of an agency is reviewed by another person

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12
Q

What is external review?

A

Occurs when a decision is made by a member of an agency is reviewed by a body outside of the agency that made the decision-more formal

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13
Q

What is Judicial review?

A

Judicial review of administrative decisions can be provided only by courts and the court’s role is limited to deciding whether or not the decision was lawful. fairly and rationally made.

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14
Q

What is constitutional law?

A

The Australian constitution mostly deals with the division of power between the federal and state governments and the separation of power between the parliament, the high court and the executive.The high court hears cases relating to constitutional law in Australia, where it is felt that law passed by govt violates the rules of the constitution

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15
Q

What is different about the Hight Court?

A

Cases are heard by one or more judgesdecisions are not given at the end of the hearingDecisions of the High Court are binding on all courts

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16
Q

What is private law?

A

Private law is the law that aims to regulate the relationships between individuals, companies and organisations. Private rights are protected by both statue and common law.

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17
Q

What are the three main types of private law?

A
  1. Contract law2. Tort law3. Property law
18
Q

What is a contract?

A

A contract is an agreement between two or more parties that is recognised by law.

19
Q

What can a party do if they believe the contract has been breached?

A

When one of the parties to a contract believes that all pr part of the contract has been breached, he or she can bring a legal action in civil court.

20
Q

What are damages?

A

Damages are usually the common law remedy available for breach of contract and are designed to put the plaintiff in the position he or she would have been in if the contract had been performed properly.

21
Q

What other remedies may the plaintiff seek?

A

An injunction or specific performance

22
Q

What is an injunction?

A

This is an order usually directing a party not to do something- ordering the defendant to cease the conduct breaching the contract. In some cases, the injunction may be ordering the party to do something (Like a builder finishing a wall)

23
Q

What is a specific performance?

A

This is an order directing the breaching party to reform the contract in the way specified by the court. This will only be ordered if damages will not provide adequate compensation

24
Q

What is tort law?

A

Torts are civil wrongs. Tort cases feal with situations in which someone has done something to interfere with the rights of someone else-A tort court occurs when someone braches of fails a duty that he or she owes to someone

25
Q

What is the difference between a tort wrong and a contract?

A

Torts there is no legal (CONTRACTUAL) relationship prior to the wrong

26
Q

What are torts regulated by?

A

Torts are regulated by statute as well as common law.

27
Q

What is defamation?

A

Involves damaging another persons’s reputation with inaccurate information

28
Q

What is Negligence?

A

Professional negligence (Professionals failing to do there job)

29
Q

What is property law?

A

Property law is a wide area of law that governs relationships involving objects and interests that can be owned and that a Commerical value. Covers physical property but also tangible such a share in a company.

30
Q

What are some key differences between Criminal and civil court proceedings

A

Criminal cases feature a prosecutor and a defendantcivil cases feature a plaintiff and a defendantIn criminal cases, the state brings the case to the court In civil cases, an individual or organisation brings the case to the court.There is a lower standard of proof in the civil court.

31
Q

What are the two main types of hearings in a criminal court?

A
  1. Summary hearings for summary offences (minor offences) heard and decided by a magistrate or judge without a jury 2. Trial by a jury for an indictable offence (more serious crimes)
32
Q

What is the criminal trial process?

A
  1. An indictment is read to the accused who may plead guilty or not guilty.2. The prosecution begins with an opening address, getting out facts of the case3. Each side calls witnesses and examines them by asking them questions4.Cross-examination5. Each side gives a closing address to the jury drawing together the evidence and proving an argument 6. Judge sums up the case7. Jury goes room to deliberate until a verdict is reached8. Judge makes sentience guilty
33
Q

What does Honi SOit Qui Mal y Pense mean?

A

Shame on whosoever would think badly of it

34
Q

What roles do Judges and Magistrates play?

A

Preside over court cases- see the umpires of court cases ensuring the rules are followed and a fair trial occurs.

35
Q

What is the role of a Magistrates?

A

A Magistrate is in charge of a lower court - after hearing both sides of the case, the magistrate will decide whether a person is guilty or innocent and decide on the punishment in criminal cases and the amount of money awarded in civil cases

36
Q

What is the role of a Tipstaff?

A

Supports the judge in procedural and organisational matters when the court is in session and when not in session, the tipstaff may provide research and administrative support

37
Q

What is the role of solicitors?

A

People seeking legal advice will contract a solicitor first

38
Q

What is the role of a barrister?

A

Specialise in one area of law which allows them to develop a depth knowledge and expertise in the area.1. To provide legal advice 2. to present their client’s case in court

39
Q

What is the role of a court officer?

A

Organises the court lists and calls witnesses into the courtroom.

40
Q

What is the jury?

A

A panel of citizens, selected at random from the electroal role who consider the evidence and come to a decision called a verdict. there are 12 people on a jury

Legal Studies 2020 (9 decks)

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