Legal Studies Unit 1 Area of Study 1

Transcription

1 Legal Studies Unit 1 Area of Study 1 Presented by Angela Arena Dot points the distinction between criminal law and civil law 1

2 Quick comparison Criminal Law Civil Law Source- h)p:// Order- Special- Vic1ms- Season/dp/B002Q95DZA Source- h)p:// media/others- fade- but- judge- judy- is- forever- at- 71- she- s1ll- presides.html?_r=0 2

3 Criminal Law: A definition Criminal law covers crimes (acts and omissions prohibited by law that are harmful to individuals or society). Infringement results in punishment by law. Criminal law involves disputes between individuals and the state. Source:h)p:// Example- Theft Crimes Act 1958 Section 72 A person steals if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it. Source:h)p:// VCE LEGAL STUDIES Unit 1 We do our best to make these slides comprehensive and up-to-date, ther- 20clipart however there may be errors. 3

4 Civil Law: A definition Civil law relates to disputes between individuals or groups of individuals or companies. Aims to protect an individual s rights; & To return a wronged/ injured party to the position they were in before the wrong was done Source: Examples: Negligence, defamation, trespass Source: absolute-vs-qualified-immunity-to-defame-someone-in-affidavitandor-florida-court-proceeding/ 4

5 Key differences Characteristics Criminal Law Civil Law Parties Prosecution and Defence Plaintiff and Defendant Burden of Proof On the prosecution On the plaintiff Standard of Proof Beyond Reasonable Doubt On the Balance of probabilities Juries Juries of 12 Optional juries of 6 Decision/Verdict Guilty/Not guilty Liable/Not liable Consequences Sanctions: Imprisonment, fines, community based orders Remedies: Damages and Injunctions 5

6 Case Study: David Hookes Source- h)p:// 2004/11/16/ html 19 January 2004 former Australian test cricketer David Hookes died as a result of head injuries suffered in an altercation with security staff outside the Beaconsfield Hotel in St Kilda the previous night. A hotel bouncer, Zdravko Micevic, was charged with the manslaughter of Hookes, as he delivered the blow that caused Hookes to fall to the ground, hitting his head. ANGELA Source- h)p:// ARENA & Edrolo 2015 was- toppled- like- a- tree/2005/08/22/ html 6

7 The criminal case After a six-day committal hearing in November 2004, Magistrate Ian McGrane ordered Micevic to stand trial for the manslaughter of David Hookes. Senior defence counsel Terry Forrest, QC, said throughout the trial that Hookes was drunk, abusive and aggressive on that night, and that Micevic punched him in self-defence. The six men, six women found him not guilty of manslaughter after a three week trial in the Supreme Court of Victoria Source- h)p:// cleared- of- killing- hookes/2005/09/12/ html 7

8 The civil case Source- h)p:// apartment- plans- for- hookes- hotel- site/ 2005/09/13/ html 8

9 Another example OJ Simpson, accused of the murder of Nicole Brown and Ron Goldman CRIMINAL: Not guilty of murder CIVIL: Liable for wrongful death $33 million in damages Source- h)p://edi1on.cnn.com/2014/06/13/jus1ce/o- j- simpson- where- are- they- now/ 9

10 Fact check True or False? The standard of proof in a criminal case is on the balance of probabilities. 10

11 Fact check (answer) FALSE. The standard of proof in a criminal case is Beyond Reasonable doubt, whereas the standard of proof in a civil case is On the balance of probabilities. 11

12 Concept explorer Q: Explain two differences between criminal and civil law. (4 marks) 12

13 Unpacking the task-word: explain Q: Explain two differences between criminal and civil law. (4 marks) A more detailed definition-style response is required Content 4 Clear sentences are required, 2 pairs. For a differences or distinguish type question there needs to be distinguishing-type words and phrases used by the student, such as whereas however, on the other hand. 2 separate definitions for each comparison, with no distinguishing factor Mark Allocation 4 marks 3 marks 1 definition/comparison used or too superficial 1-2 marks 13

14 Concept explorer (a high-scoring answer) Q: Explain two differences between criminal and civil law. (4 marks) Criminal law covers crimes (acts and omissions prohibited by law that are harmful to individuals or society). Infringement results in punishment by law, whereas civil law aims to protect an individual s rights and to return a wronged/injured party to the position they were in before the wrong was done. Civil law relates to disputes between individuals or groups of individuals or companies however criminal law involves disputes between individuals and the state.. 14