Types of Law

Question 1

What is Private Law?

Answer 1

Laws concern the relationship between individuals, and other individuals or organisations. It deals with the rights and duties of these relationships.

They encompass:
- contract law
- torts
- family law
- property law

Question 2

What is Public Law?

Answer 2

Laws that concern individuals interacting with the state (government and their agencies). It upholds behaviour and community expectations regarding the conducts of the government.

They encompass:
* constiutional law
* administrative law
* criminal law
* industrial law

Question 3

What is Contract Law?

Answer 3

They concern with legal agreements between two or more parties. If one party fails to carry out their part of the agreement, they can be sued for breach of contract.

Question 4

What law is this an example of?

John agreed to paint Dan’s car in return for Dan’s promise to pay him $100. John does not fulfill his part of the agreement and Dan sues him.

Bonus question: what does Dan sue John for?

Answer 4

Contract Law; Breach of Contract

Question 5

What is Criminal Law?

Answer 5

Laws that are established to fulfil the need to keep the community safe from harm, provide for an orderly society, and provide for a way to dealing with crime when it occurs. Offenders will be punished if they choose to put people and/or property at risk.

Question 6

List at least three:

What are examples of Criminal Law?

Answer 6

Murder, assults, fraud, white-collar crime, corporate crime, sexual assult, larceny (unlawful taking of someone’s personal property to deprive them from it), drink driving, negligent and dangerous driving, drug supply and importation, firearms, domestic violence, and breaking and entering

Question 7

What law is this an example of?

Sylvie is driving and accidentally pushes the accelerator too far. She completely scratches the right side of an innocent person’s car.

Answer 7

Criminal Law

Question 8

What is Family Law?

Answer 8

Laws that regulate family relationships.

Question 9

List at least three:

What are examples of Family Law?

Answer 9

Getting married, who can get married, de facto relationships (you and your partner live together as a couple but are not married), divorce, custody, and other aspects involving other family members

Question 10

What law does this prompt fall under?

Ben and Simon want to adopt a child.

Answer 10

Family Law

Question 11

What is Administrative Law?

Answer 11

Laws that deal with the decision and powers of government departments. They allows courts to review and change the decisions of a government if necessary.

Question 12

List one:

What does Administrative Law encompass?

Answer 12

Immigration laws, tax laws, Centerlink matters, complaints to the Commonwealth Ombudsman, and appeals to the Administrative Appeals Tribunals against decisions made by the commonwealth law.

Question 13

What law does this prompt fall under?

McKenzie wants to immigrate from Switzerland to Australia.

Answer 13

Administrative Law

Question 14

What is Constitutional Law?

Answer 14

Laws that deals with the rules by which a country is governed, concerning the powers and authority of parliament.

Question 15

List two:

What does Constitutional Law encompass?

Answer 15

Citizens’ rights, powers between federal and state governments, freedom of political communication, voting rights etc.

Question 16

What law does this prompt fall under?

Aboriginal people were given the right to vote in 1962

Answer 16

Constiutional Law

Question 17

What is Industrial Law?

Answer 17

Law that concerns with the rights and obligations of employers and employees.

Question 18

List three:

What does Industrial Law concern with?

Answer 18

Legal way of resolving legal disputes, workers’ compensation, occupational work and safety, and discrimination in the workforce. Some specific examples are laws on: hours of labour, child labour, minimum wage.

Question 19

What law does this prompt fall under?

The Minimum Wage increases by $4

Answer 19

Industrial Law

Question 20

What is Property Law?

Answer 20

Laws concerning with real property (land and buildings) and personal property (goods and services purchased). It specifically deals with the regulations of the sale and hire of property.

Question 21

List two:

What are examples of Property Law?

Answer 21

Buying and owning a house/a portion of land, intangible personal property, tangible personal property.

Question 22

What law does this prompt fall under?

Shrek wants to buy a portion of land with a really nice swamp

Answer 22

Property Law

Question 23

What is a Tort?

Answer 23

Laws that regard the infringement on the rights of another, causing distress or injury. The victim may receive financial compensation from the party for any loss suffered.

Question 24

List all four:

What are examples of Torts?

Answer 24

Neglience, Nuisance, Trespassing, Defamation

Question 25

What is Civil Law?

Answer 25

Laws that bring action to individuals against other of the public from civil wrongs done against them - with private and non-government organisations and their interactions with each other.

Disputes are resolves in court, where claims costs monetary remedies and the losing party will be ordered to party compensation to the winning party. There is no jail time.

Question 26

List both two:

What laws do Civil Law concern?

Answer 26

Contract Law, Torts

Question 27

*under tort

What is Neglience?

Answer 27

Not caring for someone as they should be/not acting in concern for others’ health and safety, causing distress or injury.

Question 28

What tort does the example represent?

A janitor mops the floor and does not put up the ‘wet floor’ sign. Someone slips and injures themselves.

Answer 28

Negligence

Question 29

List two:

What are examples of Negligence?

Answer 29

Bicycle accidents, car accidents, medical malpractice

Question 30

*under tort

What is Nuisance?

Answer 30

When someone causes indirect, unwarranted, and/or unreasonable interferance with the interest of others.

Question 31

List three:

What are examples of Nuisance?

Answer 31

Obstruction of highways or footpaths, noisy animals, luoud air conditioners, smoke, overhanging tree branches, tree roots’ growing into neighbours’ land and interfering with drainag, vibrations, and dust

Question 32

*under tort

What is Trespassing?

Answer 32

Going into someone elses’ property without permission. This is applicable for anyone that ‘occupies’ that property.

Question 33

What tort does the exmaple represent?

Joe walked into Sally’s home without a reason and does not leave when Sally does not give him consent to stay.

Answer 33

Trespassing

Question 34

*under tort

What is Defamation?

Answer 34

It refers to any statement or communication that harms the reputation of a person, business, or organisation.

Question 35

List two:

What are examples of Defamation?

Answer 35

The publication of offensive written materal, images, or spoken statements.

Question 36

What is Criminal Law?

Bonus Question: What typically happens in a Criminal court case?

Answer 36

Laws that determine how the state (society; public) deal with criminal offences. It identifies, acknowledges, punishes and educates the greater community and would-be offenders about the consequences of their actions through the criminal justice system. It serves to protect individuals from others doing the wrong thing; to make the community feel safe from harm. It is considered a crime because it is an offence done against the state.

Typically, the police force and the judiciary are responsible for dealing with criminal behaviour. During the court case, the accused will have the opportunity to tell their side of the story. If they are found guilty, they will be punished with either a fine, court order/or imprisonment.

Question 37

What are the two kinds of offences under criminal law?

What are the two sub-branches of Criminal Law?

Answer 37

Indictable Offences, Summary Offences

Question 38

What are Indictible Offenses?

Answer 38

They are serious crimes that are heard in the District and Supreme Courts, where the guilt of the defendant is determine by a judge and jury.

Question 39

List two:

What are examples of Indicitable Offences?

Answer 39

Armed robbery, homicide, child abuse, murder, and sexual assult.

Question 40

What are Summary Offences?

Answer 40

Less serious crimes that are dealt with quickly and cheaply by a magistrate in a Local Court.

Question 41

List two:

What are examples of Summary Offences?

Answer 41

Minor assults, petty theft, vandalism, and traffic infringement.