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What is public law?
Laws dealing with the relationship between an individual and the state.
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What does criminal law involve?
Prosecuting individuals accused of acts against the state.
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What is the main criminal statute in NSW?
Crimes Act 1900 (NSW)
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What does constitutional law deal with?
Disputes regarding the power of federal and state governments.
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What is an example of a constitutional law case?
Commonwealth V ACT (2013) - same sex marriage constitution.
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What does administrative law handle?
Disputes between individuals and government departments.
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What is private law?
Laws that deal with relationships between individuals in society.
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What does contract law deal with?
Disputes regarding breaches of legally binding agreements.
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What is included in family law?
Divorce, children issues, property disputes, care of children.
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What is tort law?
A civil wrong that protects individual rights.
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What does negligence refer to?
The duty of care in circumstances causing harm.
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What is a key case in negligence?
Donoghue V Stevenson (1932)
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What is defamation?
Ruining a person's reputation with untrue claims.
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What are the types of trespass?
Interference with land, person, or property.
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What does nuisance refer to?
Interference that can be public or private.
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What does industrial law cover?
Disputes between employers and employees, workplace safety.
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What does property law involve?
Buying, selling, or leasing property, including intellectual property.
ここでカードを閲覧するか、 sign up to study with spaced repetition.
What is a summary offence?
A less serious crime handled in Local Court.
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What happens during a summary hearing?
Accused pleads guilty or not guilty; case is heard.
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What is an indictable offence?
A serious crime that requires trial in District or Supreme Court.
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What occurs if the accused pleads guilty in an indictable offence?
Sentencing date is set, and the accused is sentenced by the Judge.
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What is the role of a jury in an indictable offence?
A jury of 12 people is empanelled if the accused pleads not guilty.
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What happens after the judge instructs the jury?
The jury retires and considers the verdict.
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What does the jury do in court?
The jury gives the verdict in court.
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What happens if the accused is found not guilty?
The accused is acquitted.
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What occurs if the accused is found guilty?
The judge sets a sentencing date.
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What is the first step in a civil case?
An issue arises, e.g., negligence.
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Who seeks legal advice in a civil case?
The injured party, known as the plaintiff.
ここでカードを閲覧するか、 sign up to study with spaced repetition.
What does the solicitor prepare for the plaintiff?
A statement of claim outlining the case.
ここでカードを閲覧するか、 sign up to study with spaced repetition.
What may a solicitor send to the defendant?
A letter of demand.
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What happens if there is no response from the defendant?
The solicitor may serve the statement of claim on the defendant.
ここでカードを閲覧するか、 sign up to study with spaced repetition.
What does the court set after lodging the statement of claim?
A timeline for the matter.
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What may the defendant's solicitor prepare?
A Statement of Defence.
ここでカードを閲覧するか、 sign up to study with spaced repetition.
What may solicitors for both parties attempt?
Negotiate a settlement out of court.
ここでカードを閲覧するか、 sign up to study with spaced repetition.
What happens if there is no settlement?
The matter may be heard in court.
ここでカードを閲覧するか、 sign up to study with spaced repetition.
What may the court order during the trial?
Alternative dispute resolution (ADR).
ここでカードを閲覧するか、 sign up to study with spaced repetition.
What happens during the court case presentation?
Each side presents its case calling witnesses.
ここでカードを閲覧するか、 sign up to study with spaced repetition.
How many jurors are needed in a Supreme Court jury?
4-6 jurors.
ここでカードを閲覧するか、 sign up to study with spaced repetition.
Who decides the verdict after the case presentation?
The magistrate/judge or jury.
ここでカードを閲覧するか、 sign up to study with spaced repetition.
What can both sides decide at any stage during the trial?
To settle the matter.
ここでカードを閲覧するか、 sign up to study with spaced repetition.
What is the role of a magistrate?
Presides in Local, Children's, or Coroners Court.
ここでカードを閲覧するか、 sign up to study with spaced repetition.
What does a judge do in jury trials?
Decides questions of law, instructs the jury, and passes sentences.
ここでカードを閲覧するか、 sign up to study with spaced repetition.
Who represents the Police in criminal trials?
Police Prosecutor.
ここでカードを閲覧するか、 sign up to study with spaced repetition.
What is the main role of barristers?
To act as counsel for clients in court.
ここでカードを閲覧するか、 sign up to study with spaced repetition.
What does a court officer do?
Calls and swears in witnesses and keeps order in court.
ここでカードを閲覧するか、 sign up to study with spaced repetition.
What is the role of a Corrective Services Officer?
In charge of an accused person in custody.
ここでカードを閲覧するか、 sign up to study with spaced repetition.
What is a characteristic of common law?
Used in adversarial trial systems with strict rules of evidence.
ここでカードを閲覧するか、 sign up to study with spaced repetition.
What defines civil law systems?
Uses the inquisitorial system where the judge acts as an investigator.
ここでカードを閲覧するか、 sign up to study with spaced repetition.
What is public law?
Laws dealing with the relationship between an individual and the state.
What does criminal law involve?
Prosecuting individuals accused of acts against the state.
What is the main criminal statute in NSW?
Crimes Act 1900 (NSW)
What does constitutional law deal with?
Disputes regarding the power of federal and state governments.
What is an example of a constitutional law case?
Commonwealth V ACT (2013) - same sex marriage constitution.
What does administrative law handle?
Disputes between individuals and government departments.
What is private law?
Laws that deal with relationships between individuals in society.
What does contract law deal with?
Disputes regarding breaches of legally binding agreements.
What is included in family law?
Divorce, children issues, property disputes, care of children.
What is tort law?
A civil wrong that protects individual rights.
What does negligence refer to?
The duty of care in circumstances causing harm.
What is a key case in negligence?
Donoghue V Stevenson (1932)
What is defamation?
Ruining a person's reputation with untrue claims.
What are the types of trespass?
Interference with land, person, or property.
What does nuisance refer to?
Interference that can be public or private.
What does industrial law cover?
Disputes between employers and employees, workplace safety.
What does property law involve?
Buying, selling, or leasing property, including intellectual property.
What is a summary offence?
A less serious crime handled in Local Court.
What happens during a summary hearing?
Accused pleads guilty or not guilty; case is heard.
What is an indictable offence?
A serious crime that requires trial in District or Supreme Court.
What occurs if the accused pleads guilty in an indictable offence?
Sentencing date is set, and the accused is sentenced by the Judge.
What is the role of a jury in an indictable offence?
A jury of 12 people is empanelled if the accused pleads not guilty.
What happens after the judge instructs the jury?
The jury retires and considers the verdict.
What does the jury do in court?
The jury gives the verdict in court.
What happens if the accused is found not guilty?
The accused is acquitted.
What occurs if the accused is found guilty?
The judge sets a sentencing date.
What is the first step in a civil case?
An issue arises, e.g., negligence.
Who seeks legal advice in a civil case?
The injured party, known as the plaintiff.
What does the solicitor prepare for the plaintiff?
A statement of claim outlining the case.
What may a solicitor send to the defendant?
A letter of demand.
What happens if there is no response from the defendant?
The solicitor may serve the statement of claim on the defendant.
What does the court set after lodging the statement of claim?
A timeline for the matter.
What may the defendant's solicitor prepare?
A Statement of Defence.
What may solicitors for both parties attempt?
Negotiate a settlement out of court.
What happens if there is no settlement?
The matter may be heard in court.
What may the court order during the trial?
Alternative dispute resolution (ADR).
What happens during the court case presentation?
Each side presents its case calling witnesses.
How many jurors are needed in a Supreme Court jury?
4-6 jurors.
Who decides the verdict after the case presentation?
The magistrate/judge or jury.
What can both sides decide at any stage during the trial?
To settle the matter.
What is the role of a magistrate?
Presides in Local, Children's, or Coroners Court.
What does a judge do in jury trials?
Decides questions of law, instructs the jury, and passes sentences.
Who represents the Police in criminal trials?
Police Prosecutor.
What is the main role of barristers?
To act as counsel for clients in court.
What does a court officer do?
Calls and swears in witnesses and keeps order in court.
What is the role of a Corrective Services Officer?
In charge of an accused person in custody.
What is a characteristic of common law?
Used in adversarial trial systems with strict rules of evidence.
What defines civil law systems?
Uses the inquisitorial system where the judge acts as an investigator.
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