Classification of Law

The different types of law systems

Public Lawpublic 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

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 value

Donoghue 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 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

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

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

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’

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

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

Legal professionalsThere 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• barrister