Classification of LawThe different types of law systems
Public Lawpublic law is the law which deals with the powers and obligations of governments and citizensthere are three main types of public law they include:criminal law – body of rules under which certain acts are punished by the stateadministrative law – laws dealing with government powers/decisionsconstitutional law – rules governing the executive, judiciary and legislative functions
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
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 valueDonoghue v Stevenson 1932 UKLandmark case concerning the tort of negligence (Failing a duty of care)The court decided that the manufacturer has a legal duty to the consumer
Criminal Court ProceduresCriminal casesin 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 casethe 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 juryindictable offences – usually in the District or Supreme Court, before a judge and a jury
Proof and verdicta person can plead guilty or not guiltythe prosecution must prove the case beyond reasonable doubt (standard of Proof)  providing sufficient evidence to convince the courtthe jury reaches a verdict of guilty or not guiltythe judge will then impose an appropriate sentence
Civil Case ProceduresCivil casescivil cases are court actions involving disputes between individualsbetween a plaintiff and a defendantan individual or organisation bring the case to courtthe onus (Burden of Proof)is on the plaintiff to prove the casethe standard of proof is ‘on the balance of probabilities’
Civil trial processplaintiff and accused exchange documents called ‘pleadings’ that set out issues to be decided in courtparties can get information by a process of ‘discovery’parties can settle the matter without trial if they agreeif the plaintiff is successful, the judge can award a remedy
Civil trial processwhich court hears the case will depend on the monetary amount or the subject matterplaintiff to prove the case to the court on the balance of probabilities, meaning more likely than not

Classification of law 1

  • 1.
    Classification of LawThedifferent types of law systems
  • 2.
    Public Lawpublic lawis the law which deals with the powers and obligations of governments and citizensthere are three main types of public law they include:criminal law – body of rules under which certain acts are punished by the stateadministrative law – laws dealing with government powers/decisionsconstitutional law – rules governing the executive, judiciary and legislative functions
  • 3.
    Private Law Privatelaw 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 valueDonoghue v Stevenson 1932 UKLandmark 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 ProceduresCriminalcasesin 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 casethe 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 juryindictable offences – usually in the District or Supreme Court, before a judge and a jury
  • 8.
    Proof and verdictaperson can plead guilty or not guiltythe prosecution must prove the case beyond reasonable doubt (standard of Proof) providing sufficient evidence to convince the courtthe jury reaches a verdict of guilty or not guiltythe judge will then impose an appropriate sentence
  • 9.
    Civil Case ProceduresCivilcasescivil cases are court actions involving disputes between individualsbetween a plaintiff and a defendantan individual or organisation bring the case to courtthe onus (Burden of Proof)is on the plaintiff to prove the casethe standard of proof is ‘on the balance of probabilities’
  • 10.
    Civil trial processplaintiffand accused exchange documents called ‘pleadings’ that set out issues to be decided in courtparties can get information by a process of ‘discovery’parties can settle the matter without trial if they agreeif the plaintiff is successful, the judge can award a remedy
  • 11.
    Civil trial processwhichcourt hears the case will depend on the monetary amount or the subject matterplaintiff to prove the case to the court on the balance of probabilities, meaning more likely than not