laws and citizens - types of law Flashcards
criminal law
a legal dispute in which an individual who is accused of committing an illegal act that inflicts harm on another individual and/or society, is taken to court (prosecuted) by government.
civil law
cases that involve disputes between individuals and groups over an alleged breach of rights that has caused harm. for example, an individual seeking money to make up for injuries they have suffered due to another persons careless action.
summary offences
summary offences are minor crimes that are generally heard in the Magistrates’ Court. common types of summary offences include minor theft and minor traffic offences, such as exceeding the speed limit.
indictable offences
indictable offences are serious crimes that are generally heard in higher courts, such as the County Court in Victoria and the Supreme Court. indictable offences include armed robbery (stealing or attempting to steal property using force such as a gun), drug trafficking, serious sexual offences, dangerous driving causing death and murder.
negligence
a case where an individual claims they have suffered an injury due to another persons failure to take reasonable care when there is a responsibility to do so.
defamation
harming a persons reputation
guilty/not guilty indictable offence
case in which an accused pleads not guilty to an indictable offence are heard before a judge and jury. the jury works together to determine the verdict of the case and the judge determines the sanction to be imposed if they find the accused guilty.
it is important to understand the difference between criminal and civil cases because different legal processes and procedures are used when resolving each case.