Section 3 of the Legal System

1. The Legal System
Section 3 - classification of law
Mr Shipp, 2016

2. Main syllabus points
Hint: This section is quite small but very important to the
HSC crime topic

4. Public law
• Public law is the law which deals with the powers and
obligations of governments and citizens
• Three main types of public law:
• 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

5. Hint: These will be done in more detail in HSC
Crime

6. Private law
• Private law is the law which aims to regulate the
relationships between individuals, companies and
organisations.
• Three main areas of private law:
• Contract law – agreement between two or more parties
recognised under the law
• Tort law – ‘Civil Wrongs’, interfering with the right of
someone else (Negligence, nuisance, trespassing,
defamation)
• Property law – wide area of law dealing with things
owned and that of commercial value

8. • 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
Case: Donoghue v Stevenson 1932 UK

10. Donoghue v stevenson

11. • A prosecutor and a defendant (also known as the
accused)
• The state (through the prosecutor) brings the case
to court
• The burden of proof is on the prosecutor to
prove the case
Criminal Court
procedures
Criminal Cases

12. • The standard of proof in a criminal case is
‘beyond reasonable doubt’
• Criminal cases can either be summary or
indictable:
• 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

14. • 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
Proof and
Verdict

15. • Civil cases are court actions involving disputes
between individuals and/or organisations
• Between a plaintiff and a defendant
• An individual or organisation brings the case to
court
• The ‘burden of proof’ is on the plaintiff to prove
the case
• the standard of proof is ‘on the balance of
probabilities’
Civil court procedures

16. • 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
Civil Trial Process

17. • 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

18. • There are many legal professionals who play an important
role in court proceedings. These include:
• Judge
• Solicitor
• Witness
• Court officer
• Court reporter
• Prosecutor
• Magistrate
• Judge’s associate
• Tipstaff
Legal Personnel

19. Name the following Legal
Professions

20. • In most indictable criminal cases, a jury is sworn in
with a number of 12 (can be 15 for long cases)
• ‘Challenge for cause’ - a juror can be stopped from
sitting due to not being qualified, being ineligible
or being suspected of bias.
• ‘Peremptory challenges’ - both sides can exercise
this right when a jury is empanelled. A reason does
not have to be given
The Jury

21. THE jury

22. Hint: It is important to learn the differences shown
in this table

23. Common and Civil Law
Systems
Common Law System is used in
Australia, based upon precedent
and is judge made law
Civil Law System developed
through Ancient Rome, judge
investigation, entirely statute law
and no room for judge made law
Known as the
Adversarial System
Known as the
Inquisitorial System
Civil Law Procedures (NSW) and Civil Law System are not the same

24. B

25. B

26. A

27. C