HELLO

Classification
of Law
The different types of law
systems

Public Law
Public law is the law which deals with the powers
and obligations of governments and citizens
There are three main types of public law
They include:
criminal law body of rules under which certain
acts are punished by the state
administrative law laws dealing with
government powers/decisions
constitutional law rules governing the
executive, judiciary and legislative functions

Private Law
Private law is the law which aims to
regulate the relationships between
individuals, companies and organisations.
There are three main areas of private law:
contract law agreement between two or more
parties recognised under the law
tort law Civil Wrongs, interfering with the right of
someone else (Negligence, nuisance, trespassing,
defamation
property law wide area of law dealing with things
owned and that of commercial value

Donoghue v Stevenson
1932 UK
Landmark case concerning the tort of
negligence (Failing a duty of care)
The court decided that the
manufacturer has a legal duty to the
consumer

Criminal Court
Procedures
Criminal cases
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 either be summary or
indictable

summary offences heard by a

magistrate in the Local Court without a jury

indictable offences usually in the

District or Supreme Court, before a judge
and a jury

Proof and verdict

a person can plead guilty or not guilty
the prosecution must prove the case beyond
reasonable doubt (standard of Proof)
providing sufficient evidence to convince the
court
the jury reaches a verdict of guilty or not guilty
the judge will then impose an appropriate
sentence

Civil Case Procedures

Civil cases
civil cases are court actions involving disputes
between individuals
between a plaintiff and a defendant
an individual or organisation bring the case to
court
the onus (Burden of Proof) is on the plaintiff to
prove the case
the standard of proof is on the balance of
probabilities

Civil trial process

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
if the plaintiff is successful,
the judge can award a
remedy

Civil trial process

which court hears the case will depend
on the monetary amount or the subject
matter
plaintiff to prove the case to the court
on the balance of probabilities,
meaning more likely than not

Legal professionals
There are many legal professionals who play
an important role in court proceedings. These
include:
Judge
solicitor
witness
court officer
court reporter
prosecutor
magistrate
judges associate
tipstaff
barrister