# Types of Law Australian laws are classified as either criminal or civil laws; referring to the different ways in which laws are administered. # Criminal Law The criminal law relates to criminal acts (better known as 'crime'). A person commits an 'offence' or wrongdoing against society's rules. The police take action on behalf of society against that person. If that person is found guilty a sanction or punishment can be administered; e.g. a fine. The standard of proof on the prosecution is **beyond a reasonable doubt**. **Parties Involved** The following are parties typically involved in a criminal case: - **Informant** - initiates charges and prepares the brief of evidence (police officer). - **Prosecutor** - presents the case for the Crown (sworn-prosecutor member). - **Accused** - person charged with the offence. - **Defence Counsel** - a lawyer representing the accused. - **Complainant** - the victim of the crime. # Civil Law The civil law involves the enforcement of people's rights; it is concerned with the behavior of two people between one another. It often results in compensation being awarded if a person's rights have been infringed on. The standard of proof is **on the balance of probabilities**. Meaning more than 50% likely. # Types of Legislation Laws exist to provide guidance and enable people to live in harmony. There is no legally accepted definition of the term 'law', but is commonly defined as: - A complex body of rules that establish legal rights and obligations of the individual. - Those rules are adopted by an acceptable authority in society. - Any breach of those rules may be penalised. A simplified definition: an obligatory rule of conduct, governed by sanctions and created by an acceptable authority. # Sources of Law |Characteristic|Common Law|Statute Law| |---|---|---| |**Maker**|Judges|Parliament| |**Source**|Law Reports|Acts of Parliament| |**Supremacy**|Inferior|Superior| |**Creation**|On a case-by-case basis, by a judge|Requires “three-fold” assent to become law| ## Statute Law Parliament-made law that is placed into Acts and Legislation. Some examples are the Crimes Act 1958, Summary Offences Act 1966 and the Drugs, Poisons and Controlled Substances Act 1981 (DPCSA). The Parliament has the power to create, abolish and amend both statute and common law as it sees fit through due process. It provides advantages such as certainty, an ability to convey specific instructions and the politicians deciding on the laws are elected. It's disadvantages include a lack of foresight and it's difficult to change legislation. ## Common Law Judge-made law based on 'precedent'; e.g. that previous decisions should inform future decisions made by the courts. This makes the common law open to interpretation. An action or decision previously made by a court should be followed again by judges in the same or similar circumstances. It works in a downward system, e.g. the Magistrate's Court is bound by a decision that the Supreme Court makes. A precedent can be over-turned by a higher court within the same jurisdiction. It provides advantages such as efficiency in deciding matters, practical orientation and judges not being influenced by politics. It's disadvantages include rigidity, bulk and complexity, judges are not elected and judges can only hear the case in front of them. ## Common Law Presumptions There are two kinds of presumptions. Irrebuttable presumptions which cannot be argued against and Rebuttable presumptions which are arguable in a court of law. ![[30.03 Irrebuttable Presumptions]] ![[30.04 Rebuttable Presumptions]]