1. Branches of the Law
10PEF Legal Studies

2. Classifying laws Laws can generally be classified into 2 main types:
PUBLIC LAW – Laws that govern (deal with) the relationship between individuals and the government; it includes criminal, constitutional and administrative law
PRIVATE/CIVIL LAW – Laws that deal with the way individuals interact with one another and the behaviour of businesses. Civil law matters are launched by people/organisations who feel they have been wronged by the actions of other people/organisations. No criminal activity is involved, no there is no need to involve the police

3. Public Law: CRIMINAL LAW
The purpose of criminal law is to protect the general public from harm
When a person breaks a criminal law, there are considered to be harming all members of society
There are 6 main forms of criminal activity:
CRIMES AGAINST PERSONS
CRIMES AGAINST PROPERTY
WHITE COLLAR CRIME
PUBLIC ORDER OFFENCES
CRIMES AGAINST THE STATE (COUNTRY)
TRAFFIC OFFENCES

4. Crimes against persons
Crimes involving injury caused to another person
Homicide (intentionally killing someone)
Manslaughter (accidently killing someone or self-defence)
Assault (threatening or causing injury to someone)
Crimes against property
Crimes that result in property being stolen or damaged
Larceny (removing property without consent)
Breaking and entering
Robbery (using violence to take another person’s property)
White-collar crime
Crimes that are usually committed by professional people
Typically do not involve violence or damage
e.g. Computer hacking or tax evasion

5. Public order offences
Crimes that disrupt the activities of our society
Swearing in public or being drunk and disorderly
Crimes against the state (country)
Crimes that target the state or country
Sedition (encouraging hatred of the state)
Treason (where a person actively tries to bring about the collapse of a government or assists enemies of a country)
Traffic Offences
The most commonly committed offences in our society
Driving without a seatbelt and running a red light
Usually dealt with by issuing a fine, but more serious offences (like drink driving) result in going to court

6. Public Law: CONSTITUTIONAL LAW
Constitutional law is the body of law that evolves from the constitution, defining the relationship between the various branches of government within the state
Constitutions are special documents that are sets of rules outlining how a government is to be run
The Australian Constitution is essentially a document outlining the powers of the Commonwealth and state governments; it also ensures that no one person or group can take control of Australia (this is known as the separation of powers)
A government has the responsibility to follow the rules of the constitution; failure to do so may result in the government being dismissed from office
Constitutional laws deal with matters of health, law and order, education, environment, foreign relations, international agreements, customs, quarantine, defence, etc.

7. Public Law: ADMINSTRATIVE LAW
Administrative law deals with rules regulating the powers of government agencies and departments.
When the government creates a new department, they have to give the department specific powers and roles, and they do this by making laws (laws made by parliament)
e.g. Melbourne Water are regulated by the Water Industry Act 1994 and the Department of Education and Training are regulated by the Education Act 1958.

8. Private (Civil) Law: CONTRACT LAW
A contract is a legally binding agreement between 2 parties
The majority of private (civil) law cases involve contracts, where one party claims that the other party has not done what they agreed to in a contract

9. Private (Civil) Law: PROPERTY LAW
Property is anything that can be bought or sold
Property laws govern the way goods are to be purchased and the way people/organisations must behave in their property dealings with others

10. Private (Civil) Law: TORT LAW
Torts are wrongful acts (relating to everyday people)
They involve the actions of people that cause discomfort to others
Tort law exists to help people people get compensation if they have been inconvenienced by others
There are 4 types of torts:
Negligence (When you do not fulfil a duty of care)
Nuisance (when a person interferes with another person’s rights)
Defamation (when a person’s actions/words damage another person’s reputation)
Trespass (when property is interfered with)

11. FAMILY LAW
Family law is the body of law that regulates marriage, divorce, custody, division of property, the relationship of parents with their kids and other family issues, like adoption
In Australia, most family law is a federal issue and dealt with by the Family Court of Australia, and the specially trained judges
Family law is constantly changing, because the attitudes and values of society are changing

12. TEST YOUR KNOWLEDGE
Your task now is to complete the ‘Branches of the Law – Test Your Knowledge’ worksheet, which is available on Compass, as a Learning Task.
Please TURN this in on Compass when you are done.
Good luck!