Legal Groundup

Legal Studies from the ground up

Application Excercise 1q

1. Responses will vary. However, students might identify words or phrases such as: arrested, police, arrested, custody, laying assault charges, assault.

2. Responses will vary. However, students might identify words or phrases such as: suing, damages, writ, assault.

3. A female leading senior constable has been charged with one count of assault and a male senior constable has been charged with two counts of assault.

4. The plaintiff is seeking damages.

5. Criminal law concerning behaviour that breaches existing laws against society and is harmful to the community’s welfare as a whole, for example, assault. In contrast, civil law deals with the infringement of an individual’s rights – Ms Barry claims that she was assaulted by several police officers and that one improperly pursued charges against her. The police will be involved in criminal law whereas, in civil law, the police are generally not involved. Criminal law concerning involves the prosecution and the accused (or defendant) whereas civil law involves the plaintiff and the defendant. The outcome of a case in criminal law involves a sanction, such as imprisonment, a community corrections order or a fine

6. However, the outcome in civil law is typically a remedy, such as damages or an injunction.

7. There can sometimes be overlap between criminal and civil law because most behaviour or conduct can possibly lead to consequences that will be subject to both criminal and civil law. For example the crime of assault may involve criminal charges but may also involve a victim taking an offender to court to sue them for damages.