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The different types of law systems

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 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

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 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 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

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

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