Overview of Law
| The Law is a body of rules: | |
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Law is divided into: |
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| 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? | |
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| 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: | |
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| 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 | |
