Tort Law vs Criminal Law in Australia

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Questions and Answers

What is the key difference between criminal law and civil law in the Australian legal system?

  • Criminal law deals with serious offenses punishable by the government, while civil law deals with disputes between individuals. (correct)
  • Criminal law focuses on punishing the offender, while civil law focuses on compensating the victim.
  • Criminal law is enforced by the police, while civil law is enforced by the courts.
  • Criminal law is based on statutes, while civil law is based on common law.

What is the typical outcome of a civil case in the Australian legal system?

  • The case is dismissed due to lack of evidence.
  • One individual pays money to another individual as compensation. (correct)
  • The government imposes a fine on the offender.
  • The offender is sentenced to imprisonment.

What is the key difference between tort and crime in the Australian legal system?

  • Torts involve disputes between individuals, while crimes involve breaches of the criminal law. (correct)
  • Torts are handled by the criminal courts, while crimes are handled by the civil courts.
  • Torts are based on common law, while crimes are based on statutes.
  • Torts are punishable by the government, while crimes are dealt with through civil disputes.

Who typically takes the initiative in a criminal case in the Australian legal system?

<p>The government. (B)</p> Signup and view all the answers

What is the typical purpose of the payment in a civil case in the Australian legal system?

<p>To provide compensation for the wrong that has been done. (B)</p> Signup and view all the answers

Which of the following statements about the relationship between tort and crime in the Australian legal system is correct?

<p>The same behavior can be both a tort and a crime, and the same act can be subject to both civil and criminal proceedings. (B)</p> Signup and view all the answers

What is the relevant verb used in civil law proceedings?

<p>To sue (A)</p> Signup and view all the answers

In criminal law, what is the standard of proof required?

<p>Beyond Reasonable Doubt (A)</p> Signup and view all the answers

Who takes the legal proceedings in civil law?

<p>The individual who claims to have been wronged (C)</p> Signup and view all the answers

What type of behavior falls under criminal law?

<p>Matters serious enough for community initiative (B)</p> Signup and view all the answers

What may an adverse finding lead to in civil law?

<p>Award of money to the wronged person (A)</p> Signup and view all the answers

Which case mentioned in the text involved a criminal trial followed by a successful civil action for battery?

<p>Doerr v Gardiner QCA 160 (A)</p> Signup and view all the answers

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