Commerce Study Notes Year 9

Criminal law pertains to a crime or an act against the public rather than one individual. The government will bring legal action against the person for committing a crime. If the person is found guilty, the defendant may have to pay some type of a fine, serve time in jail, or be placed on probation (msbar.org). A civil case is a dispute between two people, or parties, on a certain issue. One party can sue the other, and it is then up to a jury to determine if there is liability. The court may order the guilty party to pay money to the other party or to fulfill an obligation.

The prosecutor has more contact with everyone involved with the crime than maybe anyone else. He or she has contact with the person suspected of the crime, the victim, witnesses, and also works alongside the police to investigate and ensure the correct person is held accountable.

in civil actions is primarily towards the individual, causing no harm to society. While criminal

The civil legal system is one in which plaintiff feels that they have been wronged in someway and seek compensation and not punishment through a civil suit. This usually happens in the form of property or monetary damages. In these cases civil law governs relationship between and among people, business, organizations, and governmental entities. For example the case of Rodriguez v. Firestone (2001) civil law contained the rules for the manufacturing and sales of consumer goods with hidden hazards for the user.

A Civil court is as the name implies a court system based on disputes between average citizens which are far different from a criminal court where you are dealing with convicts. Just like a criminal court, a civil court also has a set of procedures listed by the judicial system in 1937 with over 86 different rules. Civil cases usually involve disputes between people or organizations. The court case Fenton v. Dudley in 2014. Fenton V. Dudley is “A lawsuit against lawyers who had filed a Fair Housing Act lawsuit against the plaintiff, which is the person who filed the lawsuit, and it later made its way from federal court to state court” (“Civil Rights -- federal court jurisdiction”). Both Civil and Criminal court both have the privilege of a trial by jury, depending on the circumstance.

● Assumption of the risk: If plaintiff is aware of the danger, but decides to subject

The Crown prosecutor is the head legal representative of the prosecution who are appointed by the crown. They are briefed by the Director of Public Prosecutions for some cases and deal with both state and federal matters.

Civil litigation is court action brought to remedy a wrong or breach of contract. This is shown through Canterbury Bulldogs player Sonny Bill Williams breached his contract by walking out on the club after having signed a contract which was legally binding. Through this law reform has been further enhanced in Australian sport.

Civil law deals with breaches. Crimes are prosecuted by the state. The problem is civil tort law has a wide variety of legal claims. Assault, battery, trespass, and theft are all types of intentional tort civil law.

One of the fundamental principles of the Criminal Law System is the presumption of innocence until proven guilty (McSherry, 2003). By enacting punitive legislation such as the examples given above, it has been said that it is removing this Common law right from the individual (Greig, 1995). It has also been said that it creates an exception to the general principle of law that no person shall be imprisoned unless a court comprised of Judge/Jury is convinced, beyond reasonable doubt that the person committed a very serious offence. Thereby effectively allowing people to be detained without the burden of proving guilt (Keon-Cohen, 1992).

this is situations when people start to become aware or their own legal rights and looking to seek compensation. an individual will bring the case forward against another person (defendant) to claim any damages that have been caused.

In England and Wales, murder is established (mens rea) where there is an act of the defendant, that causes the death

can be granted based on facts plus evidence if there is not enough. Studies state it is likely that

The differences between legal rules and other kinds of rules is that criminal law refers to the consequences associated with breaking them. As the substantive law meaning that it is the law of crimes, referring that Criminal law is the code conduct that all in the society need to follow the rule, and the prohibitions on murder, assault, and burglary. Meaning that if an individual violates or commits these crimes they are going to be treated as a criminal by punishing act from the state. Civil law is refers to procedural law to follow the rule of the state from someone that has committed a crime. Which it is divided into 5 categories, for example torts, property, contract, family, and juvenile law.

The Supreme Court case, R v Vollmer[8], states that the appellant was convicted of murdering his de facto partner – where evidence as to the deceased’s past violent history in a previous relationship was available at the time of trial but not relied on by defence counsel – where there was no evidence led at trial or on appeal of a history of violence between the appellant and the deceased – where the appellant sought to rely on the defences of self-defence and provocation at trial under sections 271(2), 304 and 668E(1)[9]. Where the cases R v Hajistassi[10], R v Mogg[11] and Re Knowles[12] were applied as precedent to the final decision of the case.