In a few words, how are civil and criminal law different in Australia?
"To learn about differences between civil and criminal law in Australia"
Civil law seeks to resolve disputes between individuals, organisations, or both, while criminal law seeks to punish wrongdoers for offences against the state. Civil law is usually based on written contracts or agreements, while criminal law is based on legislation. Civil law cases are generally heard in civil courts, while criminal law cases are heard in criminal courts.
Differences between Civil & Criminal Law in Australia
In Australia, if a person is found guilty of a criminal offence, they may face a jail sentence, whereas if found guilty of a civil offence, they may face a fine or an injunction. In Australia, certain civil cases, such as defamation, require the claimant to prove their case on the balance of probabilities, rather than beyond reasonable doubt, as is the case in criminal law. In Australia, the High Court is the ultimate court of appeal for both criminal and civil matters, with decisions of the High Court binding on all other courts in the country.
Did you know?
Work together in pairs: What are three key differences between civil and criminal law in Australia?
What are the main differences between civil and criminal law in Australia, and how do these differences impact the way legal cases are handled in court?
Work together in pairs: What is the difference between civil and criminal law in Australia when it comes to the burden of proof?
Brain break: Draw a fish with a unicorn horn swimming in a sea of cupcakes
What is the main difference between civil and criminal law?
- Civil law deals with disputes between individuals or organizations, while criminal law deals with offenses against society as a whole
- Criminal law deals with disputes between individuals or organizations, while civil law deals with offenses against society as a whole
In which type of case does the government initiate the legal action?
- Civil cases
- Criminal cases
What is the penalty for being found guilty in a criminal case?
- Compensatory damages
- Fines and/or imprisonment
Who brings charges in a criminal case?
- The defendant
- The plaintiff on behalf of themselves
- The prosecutor on behalf of the government
Which type of court typically hears civil cases in Australia?
- Supreme Court
- Magistrates' Court
- District Court