Civil Law and Criminal Justice Concepts

Advertisement for Marina and the Diamonds

• Marina and the Diamonds are promoting their album or single.
• The advertisement features a photograph of Marina Diamandis.
• The album or single is available on iTunes.
• Single titles featured in the advertisement are "Hollywood," "I Am Not a Robot, Oh No!" and "Shampain."

The Adversarial System

• In this system, two sides (prosecution and defense) present their case to a judge or jury.

• The judge or jury will make the final decision based on the presented evidence.

• The goal is to be persuasive rather than fully investigating.

• Features of Adversarial System: -Two opposing parties -Independent judge/jury -High standard/burden of proof (beyond a reasonable doubt) -Professional legal representation for each party -Specific rules of evidence, conduct and procedures

• Differences between Adversarial and Inquisitorial Systems:

• Adversarial System: -Only some evidence is allowed. -More rights for the defendant (right to silence, presumption of innocence, bail, beyond reasonable doubt) -Decision made by a jury -Crucial role for lawyers.

• Inquisitorial System: -Access to all evidence -Betterment of society as a goal -No right to silence -No default presumption of innocence -No bail -Judge makes decision -Minimal role for lawyers.

Intro to Civil Law

• Civil law deals with disputes between individuals or groups.
• It aims to place the injured party in the position they would have been in if the dispute hadn't occurred.
• Key differences between civil and criminal law: -Standard of proof in civil law is a balance of probabilities; in criminal law it must be proven beyond reasonable doubt. -Onus of proof rests on the plaintiff in civil cases and on the prosecution/crown in criminal cases
• Common types of civil law include: contracts, property and family.

Intro to Civil Law (continued)

• Contract Law -Contracts are legally binding agreements between parties. Breaches of contract can result in remedies like damages or injunctions. Contracts can be written, verbal, or implied.
• Tort Law -Torts involve wrongful acts causing harm to a person or their property which can be a recognised legal wrong (e.g. negligence, trespass, defamation). The Donoghue v Stevenson case was pivotal in the development of tort law.
  • Proportionate liability is a concept where multiple people at fault for a tort can be held responsible for a percentage of the damages.
• Property Law -Deals with ownership and possession of property.
• Family Law -Deals with matters like divorce, child custody, and spousal support.

Alternative Dispute Resolution (ADR)

• ADR are methods of resolving disputes outside of court (e.g Mediation).
• Courts are becoming increasingly backed up with civil cases
• ADR processes are less costly and less time-consuming than court proceedings

Torts of Defamation

• Defamation is a statement that harms someone's reputation in the eyes of other people.
• It involves publishing a statement that is likely to cause harm to someone's reputation.
• Defences to defamatory actions can include truth and public interest.

Employment Law

• This is an area of law related to employment.
• It addresses various aspects of employment relations, including the management of employee wages.
• This area of law covers employee rights, protection against unfair dismissal, and the protection of low-paid workers

Employment Law (continued)

• Fair Work Act 2009
• Introduced following the decision to remove the ability from union workers to strike

Employment Law (continued)

• Current legislation (fair work act) covers issues including -protecting from dismissal
• protecting from unfair wages
• promoting work-life balance

Employment Law (continued)

• Wages are often set through awards (government-determined) or through enterprise bargaining agreements (workplace-negotiated).

Employment Law (continued)

• Fair Work Act 2009 introduced the following:
• Protection from unfair dismissal
• Protections for low-paid workers
• A balance between work and family life
• Right to workplace representation
• National Employment Standards (NES) have 10 core elements.

Employment Law (continued)

• There are three tiers of courts with original jurisdiction to adjudicate offences
  • Magistrates Court
  • District Courts
  • Supreme Courts

Employment Law (continued)

• Committal proceedings allow courts to hear witnesses and provide evidence for offences.

Criminal Law: Basics

• Criminal law addresses wrongful conduct against society, unlike civil law (issues between individuals).
• The state initiates criminal prosecutions through the DDP.
• A jury determines a defendant's guilt in some circumstances
• The standard of proof is "beyond reasonable doubt."

Criminal Law: Theories

• Biological Positivism: Lombroso believed physical traits could indicate criminality. Contemporary biological theories include biochemical conditions, neurophysiological conditions, and genetic abnormalities.
• Social Disorganisation Theory: This perspective views crime as stemming from environmental factors like poverty, inadequate housing, and limited access to resources within a given neighborhood.

Crime and Responsibility

• Victims' Rights: Victims have legal rights in criminal proceedings, including the right to support services and information about the case and the offender.
• Purpose of Punishment: Goals of punishment can include retribution, deterrence, rehabilitation and protection of society.

Evidence

• Direct Evidence: Evidence that directly proves a fact, such as eyewitness testimony or a physical object.
• Indirect Evidence (Circumstantial Evidence): Evidence that suggests a fact without directly proving it (e.g., a witness seeing a suspect leaving a crime scene).
• Documentary Evidence: Written or recorded material that can be used in court cases.
• Real Evidence: Physical objects relevant to a case.

Evidence (continued)

Crimes that relate to a person's reputation, including Defamation and character evidence

Legal principles around what type of evidence can be used to prove a person guilty

Civil Law: Elements of Crime

• A criminal law can be categorized into different types of offences (offences against persons, property offences, drug offences, and other offences). Offences involve specific elements that the prosecution needs to prove.
• Actus Reus: The criminal act itself.
• Mens Rea: The criminal intent—the state of mind associated with the act. Not all crimes require an explicitly evil state of mind
• Causation: A link between the action and the harm.

Civil Law: Types of Assault

• Assault: Making another person fear that a threat of physical violence is about to happen. Assault can involve physical or mental, or psychological harm. There are varying degrees (summary assault/serious assault).

• Battery: Actual physical force against someone.

• There are types of assaults with differing penalties depending on the severity of the crime. There are degrees of assault—summary assault/serious assault.

Stalking

• Stalking is a criminal offence. It involves a course of conduct intended to harm or frighten another person.

Other Crimes

• Various crimes are discussed under "Other crimes" including stalking, but the specific description depends on the context of each article.