Classification of laws Public Law The state is directly involved Concerned with the legal relationships and disputes between individuals and the state Example: – Criminal law – Constitutional law – Administrative law – Taxation law Private Law (Civil law) The state is indirectly involved Concerned with the legal relationship and disputes between individuals Examples: – Contract law – Property law – Family law – Tort law – Commercial law

Criminal law Criminal law is between the state and an individual/s and involves actions that are against the law, harmful to society and punishable by law. Main aims of criminal law are to apprehend, prosecute and punish people who have broken the law and to deter others from breaking the law. The punishment could be minor, eg: fine, or could be more serious, such as imprisonment. The parties involved in a criminal case are the prosecution and the accused or defendant.

Criminal law examples Criminal law – acts or omissions against society/protects the entire community by keeping the peace. Crimes against person – assault, rape, manslaughter, murder Crimes against property – theft, vandalism, robbery, fraud Crimes against morality – abortion, prostitution, illegal drugs Crimes against the legal system – perjury, contempt of court Crimes against the state – treason

Civil law Civil actions are disputes between two or more individuals or groups. Civil actions usually involve the infringement of rights. Main aim of civil action is to return the person whose rights have been infringed back to their original position (dispute can be private individuals, companies or government). This is done through civil remedies eg; compensation for loss of damage. Parties to a civil case are the plaintiff and the defendant.

Civil law examples Civil law – a dispute between two parties/protects individual rights. Family law – marriage, divorce, adoption, de facto relationships Tort law – negligence, trespass, nuisance, defamation Contract law Industrial and workplace law – OHS, working conditions, work contracts, workplace agreements, union disputes Consumer law – tenancy agreements, sale of goods, advertising laws

Criminal and Civil Some incidents can result in both civil and criminal cases. A person can be found guilty of a crime and punished under criminal law. The same person can then be ordered to pay compensation to their victim in a separate civil action.

Burden of proof Burden of proof refers to which party has to prove the facts of the case. It lies with the person or party who is bringing the case. Criminal case – prosecution Civil case – plaintiff This means that the person who brings the case has to prove that their view of the facts is correct – and not the other party’s view.

Standard of proof The standard of proof refers to the strength of evidence needed to prove the case. Criminal case – prosecution must prove the case beyond reasonable doubt (there must be no reasonable doubt for an accused to be found guilty. If there is reasonable doubt, the accused will be found not guilty). Reasonable is what the average person in the street would believe to be the case, when the evidence is looked at in a logical and practical manner.

Standard of proof continued Civil case – the plaintiff must prove the case on the balance of probabilities. This means that the plaintiff must prove that they are most probably in the right and the defendant is most probably in the wrong.

Reading Please read page 291 – 295 including the Thomas Towle case and the table on the differences between criminal cases and civil disputes. Answer question 7a and 7b on page 295 Please read page 390 on the standard and burden of proof. Criminal or Civil case? activity

Criminal or Civil case?

Case 1

A 17 year old schoolboy was charged with assault and recklessly causing injury. The victim was a 13 year old schoolgirl from the same school. She alleged that she was subjected daily to physical bullying and verbal taunts for over 6 months. The victim stated that the harassment, which was witnessed by fellow students, caused her to become fearful of walking around the school. The Magistrates Court found the boy guilty of the charge of recklessly causing injury. He was convicted and fined $200. The assault charge was withdrawn.

Case 2

A 19 year old shoplifter pleaded guilty in the Magistrates’ Court to 372 offences involving goods worth more than $11,700. The prosecutor, Senior Constable Beard, said that the offender committed the offences over 9 months. He said that she went into stores and placed items into a bag without paying for them. She would then go to the appropriate counter and ask to return the goods, giving false reasons. She would either get a cash refund, or goods in exchange. The Magistrate remanded her in custody for sentencing.

Case 3

The case between Brightland Shop (defendant) and Jim Jones (plaintiff) was heard in the Magistrates Court. While shopping, Jones slipped and fell on some oil spilt in Brightland Shop. He broke his leg and was off work for six weeks. He sued Brightland Shop for negligence. He maintained that the oil should have been cleaned up as soon as it was spilt. If this had been done he would not have slipped. He claimed compensation for his pain and suffering and for his loss of earnings.

Case 4

The plaintiff (Akram Karam) worked in the shoe factory of Palmone Shoes Pty Ltd (the defendant). The plaintiff sued the defendant for negligence. Karam claimed that during his time of employment he was exposed to various chemical solvents used in the manufacture of shoes and that the defendant had not taken enough care in the workplace. Karam developed asthma and ceased work in 2006 and has not worked since. The plaintiff was awarded $244,296 for past economic loss, loss of the chance of work since 2006 and general damages for pain and suffering.

Case 5

The police arrested Peker, 18, who was charged with recklessly causing injury to two men on 29 November The charges followed an incident when Peker and his friend, in a drunken state, took umbrage at one of the men who was walking by. Peker chased him and started punching him. The second man tried to intervene and was set upon. The magistrate took into consideration Peker’s youth and he was sentenced to 18 months in a Youth Justice Centre.