wrongs include negligence, trespass, defamation, nuisance and breach of a contract. Where a civil wrong is successfully proved in court, the wronged party will usually
seek damages (money) as compensation for their loss. Criminal Law: ● In Australia, all court cases are based on the ADVERSARIAL SYSTEM – that is, there are two sides verse each other to prove their case to an independent adjudicator. ● Trail: In a criminal case, the government brings the action against the person who has done the wrong thing. The government is called the PROSECUTION while the person who is charged with an offence, is called the DEFENDANT or ACCUSED, as they are defending themselves in the trial. ● In these types of cases, a defendant is found GUILTY or NOT GUILTY. The case must be proved BEYOND A REASONABLE DOUBT – that is, after hearing all of the evidence against the defendant, there must be no reasonable doubts still existing about the person’s guilt. ● Where a defendant has been found guilty, the court imposes a PUNISHMENT, which can range from jail, to a fine, to community service, depending on the crime committed. ● In criminal cases there are 12 jurors. Civil Law: (Tort Law) ● Deals with wrongful acts committed by one individual or corporation against another individual or corporation. Examples of torts include: ● NEGLIGENCE – failing to take adequate care so your acts/omissions adversely affect another ● NUISANCE – causing an obstruction, inconvenience or damage to property ● DEFAMATION – harming a person’s reputation ●
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- Fall '19