criminal and civil law

rule

made by organisations/groups, followed by people within organisation/group enforced by leaders

Laws

made by parliaments and courts, followed by people in society, enforced by police/courts

criminal law

regulates conduct in society to protect the community and provides sanctions against those who commit crimes.

Civil Law

Deals with disputes and rights and responsibilities between individuals or groups

Criminal Law difference

Deals with offences against state or society

The prosecution takes the case to court

Aims to punish the offender

Standard of proof - beyond reasonable doubt

Verdict is guilty or not-guilty

civil law difference

Deals with disputes between individuals or groups

The plaintiff takes the case to court

Aims to compensate the victim

Standard of proof - on the balance of probabilities

Verdict is who is liable and how much they owe

What is a tort? How many areas of tort law are there and what are they called?

A tort is a civil wrong, 4 areas of tort: negligence, defamation, trespass, nuisance

 detail the significance of the case of Donoghue V. Stevenson.

This landmark decision fundamentally shaped the concept of negligence

 four elements must be proved in order for a plaintiff to be successful in a claim of negligence against another party?

Duty of care, causation, breach of duty, damages

What are the names of parties to criminal cases and civil cases?

Criminal: prosecution, accused

Civil: plaintiff, defendant

What are the standards of proof in criminal and civil cases?

Criminal: beyond a reasonable doubt

Civil: balance of probabilities

Who holds the burden of proof in criminal and civil cases?

prosecution  plaintiff

Explain the facts of the case in Grant V. Australian Knitting Mills. Why was this a landmark case in Australia?

• Significant case in Australian tort law

• Grant purchased woolen underwear from a retailer, which was manufactured by Australian Knitting Mills. The underwear caused Grant rashes due to the garments which he sued the manufacturer, established the principle that manufacturers owe a duty of care to consumers to ensure no harm

• marking the concept of duty of care