Introduction To The Australian Legal System Flashcards
Who makes statue law?
Politicians in parliament
Who makes delegated law?
Government departments
Who makes common law?
Judges when they make decisions in court cases
What are the two different types of law?
Criminal law
Civil law
Who enforces criminal law?
The police
What is the aim of criminal law?
To punish the person who broke the law
In criminal law, name 4 examples of crimes against a person
Assault, rape, manslaughter, murder
In criminal law, name 4 examples of crimes against property
Theft, vandalism, robbery, fraud
In criminal law, name 2 examples of crimes against morality
Prostitution
Illegal drugs
In criminal law, name 2 examples of traffic law
Speeding, drink driving
Is civil law part of common law?
Yes
What is civil law?
Used by individuals or companies who have a dispute with other individuals or companies - usually involves money
What is the aim of civil law?
To solve the problem by restoring rights to the person who has lost them or who has suffered in some way
In civil law, what is the person called who starts the action?
The plaintiff
Give 2 examples of civil law
Negligence - not taking reasonable care to prevent injury or loss to another person
Defamation - attacking someone’s reputation
Name 3 possible outcomes for criminal law
Prison sentence
Fines/loss of license
Warnings, good behaviour bonds, community service
Name 3 possible outcomes for civil law
Compensation
Court orders (make someone do something)
Mediation (to solve dispute outside of court)
In criminal law, who has to gather the proof and how much proof is needed?
The government or police.
Must be proved beyond reasonable doubt
In civil law, who has to prove the case and how much proof is needed?
The plaintiff must prove their case.
They have to prove it’s more likely than not
What 3 types of cases are heard by the Supreme Court?
Serious criminal cases such as murder and attempted murder
Civil canes involving large amounts of money
Appeals on decisions made in the county court
What 3 types of cases are heard in the county court?
Less serious criminal cases - drug trafficking, serious assaults, rape
Civil cases which involve a substantial amount of money
Appeals against decisions made by the magistrates’ court
What 3 types if cases are heard in the magistrates’ court?
Less serious criminal cases, robbery
Less serious civil cases, up to $100,000
Summary offences, traffic fines, minor assaults, property damage, offensive behaviour
What are the 3 ways of making law in Australia?
Statute law
Delegated legislation
Common law
