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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