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The Australian Legal System, Differences In Civil Law And Criminal Justice, How Can Both Systems Be Improved? Justify.

1097 words - 4 pages

In Nsw, courts provide a resolution between individuals, corporations, government agencies etc... Courts are the place where the validity and application of law are determined and enforced. In courts there are two systems, Criminal justice and Civil law. Generally Criminal cases involves the person being persecuted by the police or Director of public persecutions for an offence against the law, while civil cases are disputes between people , government or corporations about liabilities or rights of the people or organisations of the people involved. The following shows how different civil law is to criminal justiceIn the civil law system most cases usually involve individuals, companies or government departments taking legal action against other individuals, companies or government departments. Each side of the case is known as a party. The party which makes a claim or commences the case is known as the plaintiff, the applicant or the claimant. The people or organisations involved in defending themselves from this claim are generally known as the defendant. Generally if the defendant is unable to defend and reject the claim he or she will usually pay for the damages or compensation. In some cases the case is an arrangement between the two parties who argue out what they want at court and try to come to a mutual agreement which both sides like, if they are unable to come to an agreement usually the judge will come up with a solution which both parties are forced to agree upon. Civil cases include contract law, suing someone, family law and tort law.On the other hand the Criminal justice system is much different. The criminal justice system usually deals with stealing, fraud, assault, murder, sexual assault, domestic violence and major driving offences. Usually is it the police or the director of prosecutions against the defendant. Penalties in criminal justice include imprisonment, fines, community service and behaviour bonds. The defendant will also receive a criminal record which makes job application, passport application etc much more difficult. In criminal justice a person must be proven guilty beyond reasonable doubtA person charged with a crime is detained unless they pay the bail, bail is where a criminal who wants to leave the custody of the prison as he hasn't been proven guilty yet pays a certain amount which the courts keep, if he or she does not return to court they lose the bail and are penalised. If the accused returns to court of the date the money will be returned. Usually the judge sets the bail, the price varies upon the crime and the background of the person (in serious cases bail will be refused, no price is set and the person is detained until the next court session). Persons under the age of 10 cannot be charged with a criminal offence because they are incapable of knowing that what they did was wrong. If the defendant feels that his sentence is unjust he or she can appeal the decision at a higher court.There are major...

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