Classification of law

Public law:

• Public law is the law that deals with the powers and obligations of governments and citizens.
• There are three main types of public law:
  • criminal law
  • administrative law
  • constitutional law

Private law:

• Private law is the law that aims to regulate the relationships between individuals, companies and organisations.
• There are three main areas of private law:
  • contract law
  • tort law
  • property law

Criminal court procedures:

• 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 be either summary or indictable:
  • Summary offences are heard by a magistrate in the Local Court without a jury
  • Indictable offences are usually heard in the District Court or Supreme Court, before a judge and a jury
• A person can plead guilty or not guilty
• The prosecution must prove the case by providing sufficient evidence to convince the court
• The jury reaches a verdict of guilty or not guilty
• If the finding is guilty, the judge will impose an appropriate sentence

Civil court procedures:

• Civil cases are court actions involving disputes between individuals
• They involve a plaintiff and a defendant
• An individual or organisation can bring the case to court
• The onus is on the plaintiff to prove the case
• The standard of proof is ‘on the balance of Probabilities.’
• The 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
• Which court hears the case will depend on the monetary amount or the subject matter
• The use of a jury is at the option of the parties but will be smaller (usually six)

Common and civil law systems;

• Most legal systems around the world are based on either a common law system or a civil law system
• Common law systems derive from the English legal system:
  • They are based on a system of binding court judgments that are mixed with statute law made by parliament
• Civil law systems derive from Roman law:
  • They are based on a written code of law made by parliament that is applied by judges