U1 AOS1 - Criminal and Civil Law

Question 1

Criminal law

Answer 1

• An area of law that aims to protect society from harm by defining prohibited behaviours and outlining sanctions for those who participate in illegal conduct

Question 2

Crime

Answer 2

• An act or omission that violates existing law, causes harm to an individual or society and is punishable by law
• E.g.
  
  • Crimes against the person (assault, murder)
  • Crimes against property (theft, vandalism)
  • Drug offences (possession, trafficking)
  • Public order/security offences (public nuisance, grossly offensive conduct)

Question 3

Features of criminal law

Answer 3

• Parties:
  
  • Prosecution vs. the accused
• Burden of proof:
  
  • Rests on the prosecution
• Standard of proof:
  
  • Beyond reasonable doubt
• Sanctions:
  
  • Fine, imprisonment, Community Corrections Order (CCO)

Question 4

Civil law

Answer 4

• An area of law that aims to protect individuals, business and organisations by providing them with the legal framework to seek a remedy when their rights have been breached by another party

Question 5

Civil law claims

Answer 5

• Tort law (negligence, defamation, nuisance, trespass)
• Contract law (breach of contract)
• Family law (divorce, child maintenance)
• Industrial/workplace law (union disputes, OH&S)
• Consumer law (advertising laws, sales of goods/services)

Question 5

Features of civil law

Answer 5

• Parties:
  
  • Plaintiff vs. the defendant
• Burden of proof:
  
  • Rests on plaintiff
• Standard of proof:
  
  • On the balance of probabilities
• Remedies:
  
  • financial compensation