topic 3: classification of law Flashcards
what is public law
body of law government relationships between individuals and the state, as well as the structure and operation of the government
what is the criminal law
body of rules where certain acts or omissions are punished by the state to maintain public safety and order.
what is administrative law
deals with government powers and decisions, governing government bodies relationships with individuals/organisations
what is constitutional law
focuses on rules governing the executive, legislative, and judicial functions of government to prevent abuses of power
what is private law
regulates relationships between individuals, companies, and organisations, protecting rights by statute and common law.
what is contract law
agreement between parties recognised by law with components like agreement, consideration, intention, compliance, and capacity
what is tort law
deals with civil wrongs, where someone interferes with another’s rights, including negligence, nuisance, trespass, false imprisonment and defamation
what is property law
governs relationships involving owned things with commercial value, including shares, intellectual property, and reel property
what is a prosecutor
person conducting legal proceedings against someone accused of a criminal offence, acting on behalf of the state or crown
what is a defendant
person accused of a crime or civil wrong, referred to as accused in criminal cases, in both criminal and civil law.
what is onus
burden and duty or proving the case to the court with duty on prosecutor and plaintiff and burden on the amount of proof.
what is standard of proof
level of proof required for a plaintiff or prosecutor to prove their case, beyond reasonable doubt in criminal cases and balance of probabilities in civil cases
what is a jury
people who listen to court case evidence and decide the verdict
what is a criminal procedure
legal processes where a person accused of a crime is prosecuted, involving summary hearings and trial by jury for indictable offences.
what are summary offences
heard by a magistrate in a local court without a jury, prosecuted by police, with a maximum penalty of 2 years
