Classification of 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 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
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 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)
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
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 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
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 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)
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
