Legal Studies - Edrolo · VCE LEGAL STUDIES Unit 1 ... Legal Studies • the distinction between...

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VCE LEGAL STUDIES Unit 1 ©ANGELA ARENA & Edrolo 2015

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Unit 1 Area of Study 1

Presented by Angela Arena

Legal Studies

•  the distinction between criminal law and civil law

Dot points



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Criminal Law Civil Law

Source-‐h)p://www.ny1mes.com/2014/05/24/business/media/others-‐fade-‐but-‐judge-‐judy-‐is-‐forever-‐at-‐71-‐she-‐s1ll-‐presides.html?_r=0

Source-‐h)p://www.amazon.com/Law-‐Order-‐Special-‐Vic1ms-‐Season/dp/B002Q95DZA

Quick comparison



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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.

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”.

http://www.austlii.edu.au/au/legis/vic/consol_act/ca195882/s72.html

Source:h)p://www.clipartpanda.com/categories/theR-‐20clipart

Source:h)p://www.police.vic.gov.au/



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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

•  Examples: Negligence,

defamation, trespass

Source: http://www.personalisedsettlements.com.au/services/

Source:http://www.internetlawcommentary.com/2015/06/04/absolute-vs-qualified-immunity-to-defame-someone-in-affidavit-andor-florida-court-proceeding/



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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



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Case Study: David Hookes •  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.

Source-‐h)p://www.theage.com.au/ar1cles/2004/11/16/1100574465665.html

Source-‐h)p://www.theage.com.au/news/na1onal/hookes-‐was-‐toppled-‐like-‐a-‐tree/2005/08/22/1124562804902.html



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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://www.smh.com.au/news/na1onal/bouncer-‐cleared-‐of-‐killing-‐hookes/2005/09/12/1126377250670.html



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The civil case

http://www.smh.com.au/news/national/hookes-wife-to-sue-former-bouncer/2005/09/12/1126377252162.html

Source-‐h)p://www.theage.com.au/news/na1onal/apartment-‐plans-‐for-‐hookes-‐hotel-‐site/2005/09/13/1126377315158.html



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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/



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Fact check

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



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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’.



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Concept explorer Q: Explain two differences between criminal and civil law.

(4 marks)



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Unpacking the task-word: ‘explain’

A more detailed definition-style response is required

Content Mark Allocation

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’.

4 marks

2 separate definitions for each comparison, with no distinguishing factor

3 marks

1 definition/comparison used or too superficial 1-2 marks

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



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Concept explorer (a high-scoring answer)

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..

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

Legal Studies - Edrolo · VCE LEGAL STUDIES Unit 1 ... Legal Studies • the distinction between...

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