Legal Studies Exam (Part 3)

Outline Criminal Law

Criminal law is the area of law that deals with actions that are considered crimes, like theft or assault. It sets rules for punishing people who break the law to protect society and keep order.

Outline administrative Law

Administrative law is the area of law that governs the actions of government agencies. It sets rules for how these agencies make decisions, carry out laws, and interact with the public, ensuring they act fairly and within their legal powers.

Outline Constitutional Law

Constitutional law is the area of law that deals with the rules and principles set out in a country’s constitution. It outlines how the government is structured, the powers of different branches, and the rights and freedoms of individuals.

Compare the purpose of Contract Law

Contract law is designed to enforce agreements between people or businesses. Its purpose is to ensure that promises made in legally binding contracts are kept, and to provide remedies (like compensation) if they are broken.

Compare the purpose of Tort Law

Tort law aims to protect people from harm caused by others. It deals with civil wrongs (like negligence or defamation) and allows injured parties to claim compensation for losses or damage.

Compare the purpose of Property Law

Property law governs the ownership, use, and transfer of property (like land or personal belongings). Its purpose is to define and protect people’s rights over their property.

What is the Civil court procedure

Civil court handles disputes between individuals or organisations (e.g. over contracts or property). The parties are the plaintiff (who brings the case) and the defendant (who is being sued). Legal personnel include judges, solicitors, and barristers. There is usually no jury. The goal is to resolve the issue and possibly award compensation. The burden of proof is on the balance of probabilities.

What is the Criminal court procedure

Criminal court deals with offences against the state or society (e.g. theft or assault). The parties are the prosecution (representing the state) and the accused (the defendant). Legal personnel include judges, magistrates, prosecutors, defence lawyers, and sometimes a jury. The aim is to determine guilt and impose penalties. The burden of proof is beyond a reasonable doubt.

Identify the roles of legal personnels involved in the court processes

• Judge

  • Presides over the court, ensures a fair trial, interprets and applies the law, and in some cases, decides the outcome and sentence.

• Magistrate

  • Handles less serious criminal and civil cases in lower courts. They make decisions, deliver judgments, and can impose penalties.

• Barrister

  • A specialist advocate who represents clients in higher courts. Presents arguments, examines witnesses, and advises on legal issues.

• Solicitor

  • Provides legal advice, prepares legal documents, and may represent clients in lower courts. Often prepares a case for a barrister to present in higher courts.

• Prosecutor

  • Represents the state in criminal cases. Presents evidence against the accused and seeks to prove guilt beyond a reasonable doubt.

• Defence Lawyer

  • Represents the accused in criminal trials. Protects their rights, challenges the prosecution’s evidence, and argues for a fair outcome.

• Jury (in some criminal trials)

  • A group of citizens who listen to the evidence and decide whether the accused is guilty or not, based on the facts of the case.

Compare and contrast common and civil law systems

Aspect	Common Law	Civil Law

Origin

Originates from England and is based on judicial decisions (case law).

Originates from Roman law and is based on written codes and statutes.

Sources of Law

Primarily case law (precedent) and judicial decisions.

Codified laws (written codes and statutes) passed by legislative bodies.

Role of Judges

Judges interpret laws based on precedents and may create new law through rulings.

Judges apply existing laws strictly, with less emphasis on past decisions.

Role of Lawyers

Lawyers argue cases in court, focusing on precedents and past rulings.

Lawyers primarily interpret and apply written statutes and codes.

Court Decisions

Decisions are based on previous case outcomes (stare decisis), and judicial interpretations play a significant role.

Decisions are based on written legal codes, with less emphasis on prior judgments.

Flexibility

More flexible, as judges can adapt and create new legal precedents.

Less flexible, as courts strictly apply written laws.

Examples of Countries

United States, United Kingdom, Canada, Australia.

France, Germany, Japan, most of Europe and Latin America.