Classification of law

List the elements of a court

-Commercial agreement -Offer -Consideration -Certainty of terms -Consent must be given by both parties

Types of private law:

-Contract law -Tort law -Property law -Criminal law -Administrative law -Constitutional law

Constitutional laws:

A constitution is a legal document outlining the powers and operation of the government. The Australian constitution mainly deals with divisions of powers and the seperation of powers. If a law violates the rules contained in the Australian constitution, the case must go to the High Court of Australia.

Contract law:

A contract is a legally binding agreement between 2 or more parties. When one of the parties believe that a contract has been breached they can bring a legal action in a civil court.The most common remedy is damages (designed to put the person back into the same position as they would been had the contract been honored).

Key difference between criminal and civil court proceedings (1):

Criminal case- feature a prosecutor and defendant Civil case feature a plantiff and defendant

Administrative laws:

Deals with government powers and decisions mad by government bodies e.g. An individual might believe that the Australian Taxation office has made they pay too much tax

Property law:

Laws that govern how property transactions take place are the Australian Consumer Law and Fair Trading Act (1987) NSW. This is a wide area that cover relationships involving things that are of commercial value.

Civil law:

Relates to disputes between people or groups e.g. one being careless, or a person not fulfilling their duti.es. It is about protecting the rights of individuals

Define beyond reasonable doubt:

The standard of proof required in a criminal case in order for a plantiff/prosecutor to succeed in proving to obtain accusation against the accused

Explain how criminal and civil law can overlap

The victim of a crime whose case has been heard in a criminal court may also wish to take the case to a civil court to obtain compensation for injuries suffered as a result of the defendant's conduct.

Tort law:

Torts are not criminal matters but involve the actions of one person inconveniencing or breaching the rights of another e.g. negligence, nuisance, defamation; trespass

Three areas associated with the Tort of Trespass:

Trespass to goods, trespass to lands and trespass to the person

Public law

applies to the relationship between an individual and the government e.g. criminal law

Standard of proof in civil and criminal cases:

civil: on balance of probability criminal: beyond reasonable doubt

Private law

deals with legal relations between individuals and organizations. The 'wronged; individual brings the case (plantiff). When an individual brings a court action against another individual for infringement of his/her personal rights, it must be in a court exercising civil jurisdiction.

Actus rea:

A guilty act

Mens rea:

A guilty mind

What are 3 elements that must be present for a person to sue under the Tort of Negligence:

A person must prove they owed you a duty of care and must prove the duty was breached and because of the breach you were injured.

Key difference between criminal and civil court proceedings (2):

In criminal cases the onus is on the prosecutor to prove the case In a civil case the onus is on the plantiff to prove the case

Key difference between criminal and civil court proceedings (3):

In criminal cases the standard of proof is that the prosecutor must prove the case beyond reasonable doubt. In civil cases, the standard of proof a plantiff must meet is the balance of probabilities.

Criminal law:

Involves prosecution by the government of a person for an act that has been classified as a crime

Standard of proof:

Is the amount of evidence which a plantiff/prosecutor must present in a trial in order to win

Define onus:

The burden of duty of proving the case to the court

Burden of proof:

The duty placed upon a civil or criminal defendant to prove or disprove a disputed fact

What is a type of property (law outside housing and land) that is covered by property law:

The product of creative effort, including text, images, designs, inventions, computer programs and other tangible objects are protected by statute and common law governing intellectual property

Define defendant:

The person who is accused of a crime or a civil wrong