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2. Angela provided bad food and this made customer Justin sick, so she involves the public law. This action violates the foodstuff safe law and her attitude is unsatisfied and refuses to make a solution. Justin can plaint Angela for resolving the quarrel. As a punishment, Angela should be taken into the prison or make community serve for a suitable period of time, and compensating medical fees to Justin is necessary.
3. Angela hurts Tustin in his arms, and Tustin needs medical treatment. This case is involves criminal law, she causes the personal injury to Justin in both psychology and physics, therefore Justin has a reasonable excuse to plaint Angela to magistrate’s court. As penalty, Angela should be taken into prison and compensating medical fees because of violating criminal law.
(c) Use the case study as an example to describe the main differences between the two branches of the law. (include a discussion of burden of proof and standard of proof) (5 marks)
Civil law is concerned with relations and dealing between individuals, organization and government. It aims to protect and force the rights of such parties.
Criminal law is concerned with laws that aim to protect individuals and the community. It is applied and forced by the state. It aims to control and protect the society, punish wrongdoers and hopefully deter from committing criminal acts.
Differences Civil law Criminal law
Party name Respondent State versus defendant
R v Brown
Which party start the actions Plaintiff State or Crown
Crown is the Queen
Burden of proof The plaintiff has responsibility of proving the case The state prove the defendants guilty beyond reasonable doubt
Standard proof On the balance of probability, more likely than not ( 52% make sure) Beyond reasonable doubt almost no doubt (99% make sure)
Outcome remedy Monetary, compensation, damages Jail, fine, community service, driving,
offences-lose your licence
Verdict-decision Liable or not liable
Jury is optional 5 jurors majority decision Guilty or not guilty
Compulsory for all serious crimes state pays
Question 2 (essay - minimum 500 words) (10 marks)
‘The Common Law is no longer important in Australia’. Discuss this statement. Is this statement true?
Your answer should include the following information:
• define common law
• the role of case law and precedent
• the role of the judges in making and interpreting laws
• the role of the parliament in making laws
• the relationship between the courts/common law and parliament/legislation
You must include a bibliography and also reference in the text of your essay. Whenever you use information or an idea which is not your own you must indicate where it comes from. You may use either the Oxford or Harvard method of referencing. Information on how to use these referencing systems is available on the VU library website Search under Referencing & Styles.
