Areas of Law

Getting Started

Definitions

Using the internet find a definition for the following: Civil Law Codification Common law Concurrent powers Criminal law Duty of Care

Ethics

Exclusive power

Family law

Referendum

Residual powers

Statute law

Classifying Laws

Modern law can be classified into two main types: Public law – are laws that deal with the standard of

behaviour that society expects from its government and people (and those who work within the government). This includes criminal law as well as laws that relate to how governments operate (constitutional and administrative law)

Private law – are laws that deal with the way individuals interact with each other. This includes laws that regulate the behaviour of people towards each other and the behaviour of businesses. This law is commonly referred to as Civil law .

Public Law : Criminal law

Criminal law exists to protect the general public from harm. When a person breaks a criminal law they are considered to be harming all members of society. The police on behalf of the Crown (government) investigate the matter and bring the case against the accused.

The prosecution presents the case to the court on behalf of the Crown. It is the prosecution’s role to prove beyond reasonable doubt that the accused person committed the offence. If this is proven then a punishment will be issued on behalf of all of society.

Crime: Activities

Activity 1. Crime Statistics

Access the Bureau of Crime Statistics www.lawlink.nsw.gov.au/bocsar

a. Outline the trends in the statistics for murder, assault, motor vehicle theft, and break and enter into a dwelling.

b. Are the trends similar to the perceptions of crime that seem to be held by most people in our society? Why might this be the case?

c. What are the crime ‘hotspots’ for break and enter into a dwelling, assault and motor vehicle theft?

Crime: Activities

Activity 2 1. Complete the worksheet on “Six types of Crime”

Six Main Types of Criminal Activity Crime against persons Crimes against property White collar crimes Crimes against the state Public order offences Traffic offences

Crime against persons

These are crimes involving injury caused to another person. Such crimes include: Homicide – the intentional killing of another person Manslaughter – the accidental killing of another person or

killing another with a justifiable reason; e.g.. Self defence. Assault – causing or threatening to cause injury to another

person

Crimes against property

These are crimes that result in property being stolen or damaged. Offences in this category include: Larceny – removing another person’s property without

that person’s consent. Break and enter – a person illegally entering a building to

commit an offence Robbery – using violence or the threat of violence to take

another person’s property.

White collar crime

These crimes are usually committed by professional people and are not associated with violence or damage to property. Typical white-collar crimes are tax evasion and computer hacking.

Crimes against the state (Country)

These include: Sedition – encouraging a hatred of the state Treason – a more serious offence than sedition, it is

where a person or organisation actively tries to bring about the collapse of a government or assists the enemies of a country.

Public order offences

These are crimes that disrupt the activities of our society. They include a wide variety of offences, such as swearing in public, and being drunk and disorderly.

Traffic offences

These are the most widely committed offences in our society. They involve crimes such as driving without a seat belt and running a red light. Most of these crimes are dealt with at the scene with on the spot fines. More serious offences are dealt with by the courts e.g. Drink driving offences.

Crime: Activity 3

Your rights when arrested

The law society of NSW fast facts site at www.lawsociety.com.au/page.asp?partid=6691

Review the above site

Outline your rights when arrested

Public Law: Constitutional and Administrative law

Constitutions are rules that set out what the government can and cannot do! The Australian constitution was ratified in 1901 and can only be modified by a referendum.

The Australian constitution does not list the rights of citizens (except the right to movement) instead most of our rights comes from common and statute laws.

The constitution outlines the powers of the Commonwealth and state governments.

The Division of power

Division of power

Commonwealth parliament

State parliament

Exclusive powers

Concurrent powers

Residual powers

Constitution cont…..

The constitution also details how power is to be divided between the three branches of the Commonwealth Government.

Residual powers

At the time of Australia’s Federation in 1901, the state parliaments held considerable powers , which they were reluctant to give up. Therefore, the constitution grants many powers to the states, particularly in the areas of health, law and order, education and the environment. These powers are known as residual powers.

The Separation of power

Separation of power

The executive

The Legislature

The judiciary

Commonwealth Parliament

The High Court of Australia

Prime Minister and

Cabinet

Exclusive powers

The powers that were transferred from the states to the Commonwealth Government are referred to as exclusive powers. The most important of these powers are known as external powers. These are powers that enable the Commonwealth to deal with other nations. External powers include customs and quarantine laws, foreign relations with other nations , defence and , most importantly, the right to enter into international agreements with other nations, such as the United Nations Convention on Rights of the Child.

Concurrent powers

Some powers are shared between the states and Commonwealth parliaments. These are known as concurrent powers.

When a conflict arises between the powers of the states and the Commonwealth, the Commonwealth’s rights take precedence; that is, they will be considered the most important. An example of a concurrent power is law enforcement of drug offences. State and federal forces both deal with drug trafficking.

Important aspect of the Constitution

One of the most important aspects of our constitution is that it aims to ensure that no one person or group can take control of Australia. Therefore, the constitution separates powers between the three most important groups in the ruling of Australia: the executive, the legislature and the judiciary. By splitting the power between these groups, each group can act as a check and balance on the other groups.

Administrative laws

Administrative laws deal with the rules regulating the powers of government agencies and department. When the government creates a department it is done so through the making of a statute law. The law will outline the role and powers of the department.

Private or Civil law

Civil law governs the legal relations between individuals and organisations. Civil law matters are launched by individuals or organisations who feel that they have been wronged by the actions of other individuals or organisations.

There is no criminal activity involved nor are the police involved in civil cases.

In a civil law matter, the person or organisation bringing the case is referred to as the plaintiff. They have the responsibility of proving that the defendant (the person or organisation they are accusing) has wronged them is some way.

The Three main areas of Civil law Contract law Property law Tort law

Activity 4 Complete work sheet on Civil law

Contract law

A contract is a legally binding agreement between two parties. The majority of civil law cases involves contracts: that is, the plaintiff claims that the defendant has not held up their part of the contract.

Property law

Property is anything that can be brought or sold. Laws govern the way goods are to be purchased and

the way people or organisations must behave in their property dealing with others.

Tort law

Torts are civil wrongs. They involve the actions of people that cause discomfort to others. Civil law exists to help people receive compensation if they have been inconvenienced by the actions of another person.

The Four types of Torts

Negligence – a lack of duty of care Nuisance – when a person interferes with another

person’s rights Defamation – when one person’s reputation is

damaged by the actions of another Trespass – when property is interfered with

Case Study 1: The Snail in the bottle

http://news.bbc.co.uk/2/hi/business/8367223.stm

Go to the above web site and answer the following questions

① Why did May sue the ginger beer manufacturer?

② What do you think the term ‘buyer beware’ mean?

③ How did May’s case change the law of negligence?

Case Study 2: The Carbolic smoke ball case

Go to the web the BBC Business site below:

http://news.bbc.co.uk/2/hi/business/8367223.stm

On the right side of the screen is a list of cases, click on the Carbolic smoke ball case and answer the following questions

1) Write a brief outline of the case.

2) Identify the legal reason why the company did not believe it had entered a contract with Mrs Carlill

3) What legal precident did the case introduce ?

Family Law

Is the body of laws that regulates marriage and divorce, the relationship of parents with their children, and other family issues, such as adoption. Family is one area of law that has been greatly influenced by the moral and ethical values of society. For this reason it is constantly changing. As the attitudes and values of society change so does the law. In Australia, most family law is a federal issue and is dealt with, by the Family Court of Australia. This court is staffed by specially staffed judges and deals solely with family law. De facto relationships are dealt with under state law.

Activity 5

Research one of the following and present your findings to the class as a radio (podcast) broardcast (interview).

a) Explain the role of the Family court in Australia

orb) Explain how the law in relation to divorce has

changed