Week 1- Introduction Flashcards
Definition of law
Set of rules made by the state that is enforceable. Y prosecution (state) or litigation (people)
Law should be flexible, accessible and be implemented with certainty and fairness
Role of law in society
-Maintaining social order
Resolving disputes
- preserving and enforcing community values
- protecting disadvantaged and minorities
- stabilising the economy
- preventing misuse of power
What are the different national legal systems?
- common law
- civil law
- islamic law
What are the different classifications within common law
Common law v legislation
Criminal v civil law
Public v private law
The romans created a legal code know as-
Corpus juris civilis (body of civil law)
Common law (legal system)
Laws founded on the decision of judges and statutes and upheld by the procedures methods and decisions of the courts
Countries - UK and former colonies ie; AUS
Distinguishing feature- degree to which it relies on precedent
Civil law (legal system)
All laws both substantive and procedural are contained in comprehensive documents called codes. Built on foundation of custom, canon law, local usages and royal decrees
Countries- most states in Europe and former colonies
Adversarial system
(Common)
Parties meet on equal terms and litigants are able to shape the case as they see fit. Judge is umpire not a participant
Inquisitorial system
(Civil)
Judge asks questions and often directs what evidence is tenders. Lawyers comment on evidence and examine judges witness. Common in coronial enquires, royal commissions and tribunals of inquiry
Civil law (under common law)
The law of private disputes, usually over sums of money or which party should bear the cost of a loss or injury
Substantive law
Creates and define rights and duties telling you what you can and can’t do
Procedural law
Provides the mechanisms to enforce substantive rights and duties, tells the government process to use and how to address a situation when someone has not followed the law
Public law
Governs the operation of the state and the relationship between the state and its citizens which might include crime, taxation and entitlement to welfare
Private law
Concerned with the relationship between citizens and deals with commercial matters, claims arising out of accidents, disputes wills and disputes over property
Criminal law
Concerned with standards of conduct that are viewed as having such importance the their breach may result in punishment
(Either fine or imprisonment
Legislation
Legal rules are made by parliament and by those to whom parliament has delegated aithprity
Two main branches in common law
Civil law and criminal law
Tort (common law system; Civil)
A legal wrong which on person or entity (the tortfeasor) commits against another person or entity and which the usual remedy is an award for damages. Torts protect people from wrongful conduct by others and give claimants a right to sue for compensation or possibly an injunction to restrain the conduct Types of tort include Intentional (assault, battery, trespass) Unintentional (negligence) Strict liability (defective products)
Indictable offence
More serious offences that can’t be heard without the person accused of the crime being present at court.
These offences are usually heard in the magistrates court for a commital hearing them may be committed for trial before a judge in the county court or Supreme Court.
For example- aggravated burglary, indecent assault, drug trafficking, man slaughter are all indictable offences
Summary offences
An offence that can be heard by a magistrate sitting alone rather than a judge and a jury. A summary offence can be heard without the accused person being presented at court and they are usually considered to be less serious offences.
For example; road traffic offender, minor assault, property damage, or offensive behaviour
