01.Law.pdf

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System of rules and regulations
established to maintain order and
ensure justice prevails in society.
Public Law
: regulates relationships
between individuals and public bodies
(
generally that is criminal law
)
Provides a court structure to determine if a
rule has been broken and prescribes
sanctions for any such breach.
Classification
: public law - referred
to as a
prosecution
Parties involved
: prosecution and
the defendant (e.g. DPP v Jones)
Objectives
: defendant is prosecuted for
punishment, incapacitation, retribution,
deterrence, rehabilitation
Test applied by the Court to determine
liability
: beyond all reasonable doubt
Private Law
: regulates relations between
private individuals, including businesses or
companies (
generally that is civil law
)
Law
Criminal
Civil Law
Law
Classification
: private law -
referred to as a
civil action
Parties involved
:
plaintiff/claimant and the
defendant (e.g. Smith v Brown)
Objectives
: defendant is sued for
compensation and ceasing
unwanted action
Test applied by the Court to
determine liability
: balance of
probabilities (question whether it is
more likely than not - lower than
the criminal court)
Finding
: guilty/not gulity
Finding
: liable/not liable
Commencement of proceedings
: DPP
through issuing a summons/indictment
indictment: a formal charge/accusation of a
serious crime
Fines
Imprisonment
Probation orders
Community Service Orders
Forfeiture orders
Forfeiture:
the loss/giving up someting
as a penalty for wrongdoing
Damages
Commencement of proceedings
:
by way of civil pleadings
Penalties/Remedies
Penalties/Remedies
Injunctions
Court Orders
An account of profits
Murder
Theft
Breach of contract
Examples
Negligence
Fraudulent Trading
Examples
Trespass

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