What is law Flashcards
what is the two tier test
its what makes a rule the law, its prescribed and enforceable
what is public law
matters affecting the state/community as a whole
what is private or civil law
rights and duties of individuals
What are the four aspects of public law
constitutional law
administrative law
international law
criminal law
what is constitutional law
powers of government and rights and responsibilities of the government to the people
what is administrative law
rights and responsibilities of a government department
what is international law
deals with trade, prisoners of war and maritime law
what is criminal law
state saying to individuals you cannot behave in certain ways and If you behave in these certain ways you will be held accountable
what are the 5 aspects of civil/private law
contract
tort
family
property
equity
what is contract law
agreement made between parties that is legally binding
must perform the obligations you had under the contract or their will be consequences
what is tort law
allows people to seek compensation for negligence
what is family law
laws relating to personal relationships, wills estates and trusts
what is property law
the sale and purchase and land
what is equity law
try’s to impose fairness on situations that the law hasn’t covered
what are the 4 aspects of criminal proceeding
- action by state for breach of criminal law
- very specific procedure set out in criminal procedure act 2011
- standard of proof is beyond reasonable doubt
- burden of proof on the crown
what are the 3 aspects of civil proceedi
- action bought by one individual to another
- standard of proof is on the balance of probabilities
- burden of proof on plaintiff or applicant
