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Public law governs:  relationships between individuals and the state/government; and  the structure, administration and operation of the state/government.

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Presentation on theme: "Public law governs:  relationships between individuals and the state/government; and  the structure, administration and operation of the state/government."— Presentation transcript:

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2 Public law governs:  relationships between individuals and the state/government; and  the structure, administration and operation of the state/government.

3  Private law governs relationships between individuals.  The term individuals includes both to individual people and corporations/ organisations.  Sometimes referred to as ‘civil law’.

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5  Law punishing individuals for certain acts or omissions.  It is a state responsibility - each state and territory has its own legislation. The law in each state and territory is, however, broadly consistent.  In NSW, the key piece of legislation is the Crimes Act 1900 (NSW).

6  Administrative law deals with decisions made by government bodies.  The purpose of administrative law is to ensure that the government and government departments are accountable for their actions and for the decisions they make.  Under administrative law, an individual can challenge government decisions which impact them. Policy decisions cannot be challenged, but decisions giving effect to that policy can be challenged.

7  There are three ways in which a person can seek a review of a decision: 1.Internal review – review by another officer within the agency that made the decision 1.External review – review by a person/body outside the agency that made the decision 1.Judicial review – review provided by the court, normally the Administrative Appeals Tribunal (federal government decisions) or the Administrative Decisions Tribunal (NSW government decisions)

8  The area of law dealing with the application and interpretation of the Australian constitution.  Where a law is made which does NOT comply with the constitution, it can be subject to challenge.  Any challenge to the constitutional validity of a law is made to the High Court of Australia.

9 Special procedures apply in the High Court:  Up to 7 justices can hear the case  Each justice delivers their own written judgment, after lengthy deliberation  Where the decision is not unanimous, the majority decision prevails  Decisions are binding on all courts in Australia

10  A contract is a written or spoken agreement or promise between two or more parties, which is recognised and enforceable by law.  Contract law is the law concerned with whether an agreement is recognised by law as a contract, and with the actions that can be taken to enforce a contract.  For a promise or agreement to be recognised by law, there must be: 1.Agreement – offer and acceptance 2.Consideration 3.Intention to create legal relations

11  Where one party to a contract believes that the other party has breached the contract, they may bring civil proceedings against that party in court.  Where such proceedings are brought, the plaintiff must establish that a contract existed, and that it was breached.  Where they can do so, three main remedies may be available to the plaintiff: 1.Damages 2.An injunction 3.Specific performance

12  A ‘tort’ is a civil wrong.  There are different types of torts: negligence, defamation, nuisance, trespass and false imprisonment are some of the most common.  A breach of contract is not a tort. Parties to a contract have an existing legal relationship. In relation to a tort, the parties are not involved in a legal relationship before the tort occurs.

13  Tort law provides relief to individuals who have suffered loss or harm as a result of someone else’s wrongful act.  Where a tort occurs, the victim of the tort can commence civil proceedings to obtain compensation for any loss or harm suffered as a result of the tort.

14  Property law is the law that governs the owernship and use of property.  There are different categories of property, including: 1.Real property 2.Personal property 3.Intellectual property


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