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Classification of law 1

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  • 1. Classification of Law
    The different types of law systems
  • 2. Public Law
    public law is the law which deals with the powers and obligations of governments and citizens
    there are three main types of public law
    they include:
    criminal law – body of rules under which certain acts are punished by the state
    administrative law – laws dealing with government powers/decisions
    constitutional law – rules governing the executive, judiciary and legislative functions
  • 3. Private Law
    Private law is the law which aims to regulate the relationships between individuals, companies and organisations.
    There are three main areas of private law:
    • contract law – agreement between two or more parties recognised under the law
    • 4. tort law – ‘Civil Wrongs, interfering with the right of someone else (Negligence, nuisance, trespassing, defamation
    • 5. property law – wide area of law dealing with things owned and that of commercial value
  • Donoghue v Stevenson 1932 UK
    Landmark case concerning the tort of negligence (Failing a duty of care)
    The court decided that the manufacturer has a legal duty to the consumer
  • 6. Criminal Court Procedures
    Criminal cases
    in a criminal case there is a prosecutor and a defendant (also known as the accused)
    the state (through the prosecutor) brings the case to court
    the onus is on the prosecutor to prove the case
    the standard of proof in a criminal case is ‘beyond reasonable doubt’
    criminal cases can either be summary or indictable
  • 7. summary offences – heard by a magistrate in the Local Court without a jury
    indictable offences – usually in the District or Supreme Court, before a judge and a jury
  • 8. Proof and verdict
    a person can plead guilty or not guilty
    the prosecution must prove the case beyond reasonable doubt (standard of Proof) providing sufficient evidence to convince the court
    the jury reaches a verdict of guilty or not guilty
    the judge will then impose an appropriate sentence
  • 9. Civil Case Procedures
    Civil cases
    civil cases are court actions involving disputes between individuals
    between a plaintiff and a defendant
    an individual or organisation bring the case to court
    the onus (Burden of Proof)is on the plaintiff to prove the case
    the standard of proof is ‘on the balance of probabilities’
  • 10. Civil trial process
    plaintiff and accused exchange documents called ‘pleadings’ that set out issues to be decided in court
    parties can get information by a process of ‘discovery’
    parties can settle the matter without trial if they agree
    if the plaintiff is successful, the judge can award a remedy
  • 11. Civil trial process
    which court hears the case will depend on the monetary amount or the subject matter
    plaintiff to prove the case to the court on the balance of probabilities, meaning more likely than not
  • 12. Legal professionals
    There are many legal professionals who play an important role in court proceedings. These include: