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Overview of Law

The Law is a body of rules:
  • to determine and uphold the rights of citizens

  • governs relationships between citizens and property

  • governs relationships between citizens themselves

  • a set of rules and regulations to protect the public's personal safety on a day to day basis

  • law is a set of restrictions that guide the actions of people to socially acceptable standards

  • law is worthless if it is not enforced

Law is divided into:

Criminal law

The branch of law that defines crimes and provides for their punishment. A crime is regarded as an offence committed against the public, even though only one individual may have been wronged. A person accused of a criminal offence is prosecuted by the state. For the state to win the case the charge must be proven beyond reasonable doubt.

If the state's prosecution succeeds it will seek a punishment of the offender which may be a FINE or a term of IMPRISONMENT.

Criminal law is governed by statutes of parliament as is punishments for crime.

 
Civil law

Civil law concerns TORT law and CONTRACT law. A tort is a civil wrong committed against an individual. The individual who is injured or who has suffered loss may pursue at his/her discretion a remedy, which may be damages or an injunction.

In a civil law court, the person who pursues a remedy (the person who has been wronged) is called the plaintiff. The person who is accused of having perpetrated the wrong is called the defendant.

Damages take the form of a monetary payment from the defendant to the plaintiff.

An injunction is a court order to do something (e.g. mend the broken fence) or to stop doing something (e.g. stop the production of book in which it is claimed tehre is a breach of copyright).

Unlike a crime, the plaintiff's case need only be proven on the balance of probabilities (i.e. that is easier than proving beyond all reasonable doubt).

 
How is law made?
  • Parliaments make laws called Statute Law. Criminal law is established by statutes but also some civil law e.g. Associations Incorporation Act.

  • Law is also made by the decision of judges in law courts. This is referred to as Common Law. Of particular importance is Precedence - the grounds for deciding cases by looking at previous decisions made by judges in similar cases.

    • Precedence - previous decisions of courts

    • Common law is continuously evolving and judges, when necessary, may look to decisions made in law courts in other countries of the world.

 
Use of legal services
In the recreation industry, managers, coaches, administrators and other recreation industry workers need to have a basic understanding of law, as the following legal issues are quite common:
  • The purchase of faulty equipment by a recreation organisation may cause injury or badly affect the running of an event.

  • Coaches and instructors must be very careful in the way they teach others and this includes giving advice and dealing with injuries

  • Organisers of events must ensure venues are safe

  • Players or participants have a duty of care to one another and this means playing within the rules of the game

  • Professional players, i.e. those people who make a living wage out of sport, may be affected by contracts of employment or by circumstances that would restrict their ability to earn a living through their chosen field.

  • Participants in sport may be affected by breaches of natural justice such as having a membership terminated without a proper hearing

  • Participants in sport may be affected by inappropriate or incorrect procedures for testing for drugs that improve sporting performance.

Individuals or groups finding themselves adversely or unfairly treated by others will need to pursue a remedy in a court of law.
 
Internet Links
http://law.gov.au - The Law in Australia
http://scaleplus.law.gov.au
http://www.legislation.qld.gov.au