8.0 Types of Laws - Criminal / Civil

(NOT the same as sources of law, do not get them confused)

GLOSSARY

Sanction

Crime

Social Order

TERMINOLOGY

Criminal - Crime

Civil - Breach

  • Accused

  • Alleged Offender

  • Offender

  • Defense

  • Presumption of Innocence

  • Burden of Proof - Rests with the Prosecution

  • Standard of Proof - Beyond a Reasonable Doubt

  • Verdict of the Court Case can be Guilty or Not Guilty

  • Sanction

  • Plaintiff / appellant

  • Defendant / respondent

  • Burden of Proof - Rests with the Plaintiff

  • Standard of Proof - on the Balance of Probabilities

  • Outcome can be Liable or Not Liable

  • Remedy

Criminal Law

  • The body of law that protects the community by establishing crimes (offences) and establishing penalties or sanctions for people who commit crimes

  • Sanctions include things like fines or imprisonment

  • A crime is an act or omission that breaks an existing law, is harmful to an individual or to society as a whole, and is punishable by law.

  • Its aim is to maintain social order and the prevention of harm within society.

Parties in a criminal case

  • prosecution (representing the state or the crown) — brings the action against the person alleged to have committed the crime (the accused)

  • defense — the party who the case is brough against and compromises of the accused

  • accused —- someone who is accused of committed a crime, but has not yet been found guilty

  • offender — someone who is found or pleaded guilty

Crimes against (e.g.):

  • The person

  • Property

  • The Community

  • Morality

  • The Legal System

    • e.g. Perjury — Lying under oath

  • The State

    • e.g. Treason — Betraying the state

Civil laws

  • Area of law that regulates disputes between individuals and groups, and seeks to enforce rights where harm has occurred (human rights, negligence, nuisance, defamation)

  • Civil disputes are private disputes, and do not involve the police or the state (they are a party)

  • The main aim of civil law is to rectify a civil wrong by returning the person whose rights have been infringed to their original position

  • This is done through remedies — the most common being damages

Parties in a civil case:

  • Plaintiff — the part who makes a claim

  • Defendant — the party who the Plaintiff alleges had infringed their rights

Civil Wrongs (e.g.):

  • Contract Law

  • Torts

  • The Constitution

  • Family Law

  • Industrial Law

  • Property Law

  • Consumer Protection Law

Relationship between civil and criminal law:

  • A legal issue may involve both types of law

  • A criminal case may also give rise to a civil action in instances where a victim experiences harm.

  • A civil action will allow them to seek further remedies to address that harm, such as monetary damages or an injunction.

  • For example, following a car crash involving reckless driving (crime), and individual may pursue damages to recover costs of property damage to their car.