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