What is Criminal Law
Criminal law in Australia is a body of law that deals with criminal offences. It gives the government license to convict and punish those responsible for crimes as land out within the statutes and laws of various States and Territories. Think of criminal law as the rulebook that allows the government to prosecute and fine or imprison someone if found guilty. Here’s all you need to know about Australia’s criminal law system and tips on how to navigate it.
Where do our criminal laws come from?
Many of the criminal statutes found within Australian criminal law come from the United Kingdom, as Australia is part of the Commonwealth of Nations and was colonized by the British back in 1788. During these early days, Britain implemented English laws in New South Wales despite existing indigenous populations already having their own legal systems in place. As Australia developed as a modern nation, it has naturally taken on many of the traditions and proceedings of English common law. However, when Australia federated in 1901, it brought in the Australian constitution which set out the legal landscape we live in today.
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Why are criminal laws different across Australia?
You may be surprised to learn that not all laws are the same from one state to another. Each Australian State and Territory is responsible for implementing laws within their own jurisdiction, for example, the Western Australian Criminal Code deals with all offences committed within the state’s borders only. There are offences that can be dealt with at the federal level such as anti-terror law. Federal laws are dealt with by Australian federal police and not by your every-day police officer.
The purpose of criminal law in Australia
The overall purpose of criminal law in Australia is to lay out the law when it comes to committing crimes and offences against fellow citizens. But the purpose isn’t just to punish those who transgress, it’s about providing a safe and equal society where we all commit to the same rules, no matter where who or where we are. In Australia, we all benefit from a relatively robust criminal law system that aims to keep crime rates low and give everyone a fair chance in court.
What’s the difference between criminal law and civil law?
Criminal law is different from civil law in that criminal proceedings are initiated by the government or prosecuting attorney against an individual or group for committing a crime, whereas civil cases are legal actions brought before the courts by individuals, businesses, or corporations against another individual company or entity. There are slightly different proceedings and outcomes based on whether the case is civil or criminal. Here’s what that means:
- In criminal law, to convict an individual for a crime the judge must be satisfied 100% that the offender did in fact commit the crime they are standing trial for.
- In civil law, to convict an individual or corporation the balance of proof depends on the probability ie. what is more likely.
- The standards of proof are higher in criminal law and the burden rests on the prosecutor to prove beyond a reasonable doubt that the accused is guilty.
- Outcomes in civil law cases can involve access to compensation such as emotional or injury damages.
What kinds of offences are laid out in Australia’s criminal law system?
There are many different kinds of offences laid on within Australia’s respective state criminal codes. Generally, they follow a simple category system that ranks different types of crimes depending on their severity and impact on the victim or society:
- Summary or simple offences – this can be something like repeat drink driving or a minor criminal damage charge.
- Minor indictable offences such as theft, aggravated assault, or criminal trespassing.
- Major indictable offences – such as arson, murder, and treason.
How criminal law works in practice
Depending on the level and type of offence, Australian criminal law works by allocating certain types of offences into different courts. For example, all summary offences are dealt with in local Magistrates courts, and the kinds of punishments dished out are on the lighter side. More serious indictable offences allow a trial by jury and will take place in either the District or Supreme court. Naturally, the consequences are proportionately higher for more serious cases.
Are you facing criminal proceedings? Here’s how to navigate the system with a criminal lawyer
No doubt, criminal law can be confusing – especially given how complex the language is and how little experience the majority of people have with the legal system more generally. If you find yourself in a position where you’re being questioned, arrested on a charge, or simply curious about a personal matter – don’t proceed without a qualified criminal lawyer to back you up. Self-representation may seem almost romantic but can result in harsher sentencing and worse outcomes for those who try. Get in touch with a criminal lawyer for the assistance you need.
How to get a restraining order in California
A court’s primary purpose is to protect human rights, and nobody can confiscate another person’s right. Thus, the court issues different legal orders to protect and save the right of human beings. Here, we discuss a restraining order.
What is a restraining order?
A restraining order is a court order which protects the person from threatening, harassing, abusing, and stalking another person. When a person proves that he/she is in danger or someone will harm her, the court issues a restraining order to protect the person from any threat or abuse. Once a restraining order is issued, that person cannot harm the protective person. If he goes against the order, the court will take serious action against him.
Thus, a restraining order is also known as a protective order. A person who is in danger or protected is known as a protective party, and the other or threatening person is known as a restrained party. The protected parties can be children, spouses, ex-girlfriends and boyfriends, coworkers, roommates, neighbors, etc.
California law issues restraining orders for;
- Domestic violence
- Civil harassment
- Elder abuse or dependent adult abuse
You can obtain a domestic violence protective order when you face a threat or abuse from your blood relationships, current or previous husband, and you feel you and your children are in danger. If you are an employee and want to protect yourself from danger from the misuse of office authoritative, you can file for a workplace violence restraining order.
When you face harassment, sexual assault, or stalking by someone, you can protect yourself by getting civil harassment restraining order. Similarly, when you’re 65 years or above can get a restraining order. California court also issues protective orders for mentally or physically disabled people.
A court issues three types of restraining orders depending on the situations these are;
Emergency protective order (EPO); It is issued immediately and is enforceable for 5-business days and 7-calender days.
Temporary protective order (TPO); is enforceable for 20-25 days. After hearing judge decides whether a permanent protective order is issued or not.
Permanent protective order (PPO); lasts for five years. If the situation is uncontrollable, a judge extends the order date for the next five years.
How to get a restraining order in California?
If you want to get a restraining order, visit the California courts and fill out the all-important forms that are mandatory for getting the order. You can get help from a professional attorney or family lawyer to guide you on completing the paperwork.
You have to provide an authentic reason why you want to restraining order against another person. While you complete the forms and pay filing charges, your file moves to the court clerk and proceeds to the judge. If you need an instant protective order, you have to file a motion with the application, a commissioner or law officer issued an emergency protective order.
A judge reviews your petition and decides whether or not to issue a temporary protective order. If the judge issues it, it will work for 20-25 days. And the restraining order will be provided to the restrained party.
After this, the court calls both parties (protective and restrained) to hear their arguments. A judge analyzes the argument of both parties and decides whether or not to issue a permanent restraining order. If the evidence or arguments favor the protected party, a judge issues the permanent protective order, enforceable for the next five years.
California law issues a restraining order to protect someone from the threat, abuse, and harassment of another person. The benefit of this order is that the retrained person cannot harm or insult you; even if he lives in your home; he must leave your home after issuing the protective order until it is enforceable. You can get a restraining order from California courts by providing a genuine reason and completing the paperwork. A court issues a restraining order; the restrained person can’t hurt you until you have a protective order.
How many legal systems are in Canada? Importance of studying Canadian law?
Canada is a nation governed by strict laws, which are actionable throughout the country and is well understood by its citizens. The Canadian legal system is the platform based on which all laws are created, organized, enforced, and interpreted. This blog will give you a deeper insight into the foundations of Canadian law and why you should choose to pursue it.
A brief introduction of the different types of Canadian law
Criminal law is a broad category which includes all the scariest and sensational crimes, including murder, theft, assault, kidnapping, and fraud. It is generally understood nationally and involves every effort being made to maintain or regulate social order and public safety or morality. Read more
Federal laws also referred to as federal acts, are laws that are established to regulate or gain control a situation under Canada’s national government constitutional authority. It is passed by the Parliament of Canada, as part of the national security division.
What else should you know? Well, one thing. City or Municipal governments can sometimes pass laws too called by laws. Though a majority of these laws are supervised by elected politicians, presently a good percentage of law seems to originate from some level of the provincial, federal, or municipal. They are generally concerned with minor matters like pet licenses or garbage collection.
Why should you choose to study Canadian Law?
By choosing to study Canadian law, candidates can reach the basic qualification to practice law in no time. Law graduates can also benefit from the inflow of an accelerated number of superior positions they are eligible for. This also makes room for their basic salary to increase.
It is mandatory for all potential candidates interested in practising law to get into an entry-level position first, which leads to a more advanced form of employment. The best part? With increased career options, comes along the opportunity to start specialising in a field of your preference. Other benefits include internships, which are a standard requirement, for allowing students to kick start their professional journey.
The primary career that you can aspire to achieve as a Canadian law student is a lawyer. The education system here in Canada is set up for students to land a position as a legal secretary or paralegal. These professionals are mainly accountable for minor administrative tasks, such as legal document retrieval, transcribing, legal research and scheduling, to mention a few.
The hands-on training provided during a Canadian Law study will let you acquire foundational experience that is a requirement in all these kinds of legal position. Pursuing an academic degree is the most effective way to prepare before practising law. If you are interested in beginning their education in Canadian law then reach out to us to gain additional help in advance. We will guide you through your extensive research before enrolling to the multiple programs that our college has to offer you. Apply to a course soon! Read more
Why Truck Driver Fatigue Causes Serious Problems
Truck driver fatigue poses a danger everywhere they go. They cause problems when driving through tight, narrow streets where other drivers may have no room to maneuver.
The Dangers Caused by Fatigued Truck Drivers
Fatigued truck drivers cause hundreds of fatalities in the United States through deadly road accidents each year. The size of their vehicles makes drowsy truck drivers even more dangerous to the other vehicles sharing the road with them.
These are some of the main problems caused by drowsiness:
Fatigued truck drivers may not react to changing conditions
The conditions on roads are subject to change at any time. Truck drivers need to react accordingly when these changes occur, be it when they encounter a driver who suddenly brakes or navigating on an icy patch on the road. Fatigue may cause truck drivers to have slow reflexes, which makes it difficult to keep up with the conditions around them on the road.
Fatigued drivers fail to notice their surroundings
Drowsiness makes it difficult for truck drivers to keep up with the moving traffic around them. Truck drivers need to keep track of other vehicles on the road with them. They have to be alert and mindful of their trucks to ensure they keep their cargo as safe as possible.
Tunnel vision is also another impact of fatigue on truck drivers. This means drivers may lose sensory alertness from anything but what takes place directly in front of them.
Fatigued drivers often drift out of their lanes
While crossing between lanes, fatigued drivers often let their vehicles wander between lanes. Drifting into another lane without paying attention may cause serious problems because most trucks do not have extra room to maneuver in between lanes. They often cause head-on collisions and side-wipe collisions.
Fatigued drivers may be dazed
Since they spend many hours on the road, truck drivers may become dazed and drive without concentrating, it makes it impossible for them to navigate their truck safely on the road. Fatigued drivers often drive in a haze, and are unable to think clearly while driving. This makes them not able to adjust to challenges or respond quickly to threats that may lead to accidents.
Drowsiness increases poor decision-making.
Fatigued truck drivers may experience symptoms of extreme fatigue that mimic those of intoxication. They may struggle to make safe choices or worse, not realize that they need to pull off the road, whether to take a rest or find a safe place to sleep for the night.
This may also mean that they will take more chances and resort to speeding to reach their destinations as fast as possible before running out of the hours they’re legally allowed to spend on the road. Fatigued drivers may also ignore safety precautions which may, in turn, lead to raising the risk of accidents happening on the road.
Having an attorney by your side if a fatigued truck driver injures you in an accident can help you seek the compensation you deserve for your injuries.
How To Build A Strong Personal Injury Case
A personal injury lawyer is a professional who specializes in helping people who another’s negligence has injured. Whether through a car accident, slip and fall, or other acts of negligence and carelessness, this professional attorney will help you file a lawsuit against the party in question and see that they are held responsible for their actions. A personal injury lawyer is a precious resource in this regard and can help you get the compensation you need.
10 Ways to Build A Strong Personal Injury Case
Knowing the ins and outs of personal injury law can build a strong case for your own needs. A professional lawyer can help you along the way, but here are seven tips that you can use to make a strong case yourself.
1. Find Witnesses
The more witnesses you have to confirm the details about your accident, the stronger your case will be for compensation. It includes the event itself and what happened before and after. It shows the circumstances of your injuries, how you were injured, and how you were treated afterward.
2. Check for Fault
You can build a robust case with little or no evidence by checking for fault. You will only use this if you have limited or no witness support or other evidence. However, it is still essential to understand who is at fault before conversing with an attorney.
3. Compel Documents and Statements
If your injuries do not cause you physical pain, this is more of a mental thing. However, you can still use this to your advantage by obtaining statements from doctors, police officers, and even the other party’s insurance company filing the claim. It shows them that you want something to be done that they should be legally required to do.
4. Control the Litigation
It refers to being aware of what you are putting into your complaint and the statement of claims. The more detailed you are, the more compelling the case will be in court. A personal injury lawyer would suggest using complete sentences instead of bullet points and descriptive words instead of abbreviations to describe everything that happened.
5. Collect Important Documents
It would be best to have medical records, police reports, and other vital information to build a strong case. It is more important than most people realize. However, it may not be easy to get this information due to confidentiality issues or the fact that you were only asked to sign an accident form and did not have time to read it at the time of your accident thoroughly. Your injury lawyer will help you do this if you can’t or don’t want to do it yourself.
6. Secure All Evidence
Specific evidence will be good to have, but you will also want to secure it if you need it later on. It is an essential part of building a solid case, and your injury lawyer can help you with this. Getting certain information, such as a medical bill, can be challenging because of patient confidentiality and other issues.
7. Gather the Facts
It is essential to build a solid personal injury case because you need all of the facts about your accident if you want to win. It would be best if you attempted to be as thorough as possible. It includes contacting witnesses, police officers, and any other person who may know about your accident to build your case.
8. Know Your Law
It is essential to understand your state’s laws on personal injury to build a strong case. It is one thing that any personal injury lawyer would do for you if they were hired as your counsel.
9. Gain Support as Soon as Possible
It is an integral part of the process because you need to have the support of a personal injury lawyer in your case right away so that they can begin to work on it and get ready for trial. You should find a lawyer who you trust and who understands what you’re going through, even if it takes a few weeks before getting started.
10. Realize Your Rights
A personal injury lawyer is a professional who is good at what they do, which means they know the ins and outs of the law. Remembering your rights when in court can be intimidating, but it is essential to know them to use them to your advantage.
It is important to remember that a personal injury lawyer should always be your first step because they know the law and will help guide you through the process if you need it. However, you should still do your part by compiling evidence, building a solid case, and understanding all of the specifics of your accident so that you are ready in case there are any questions. For more information, check on yourlawyer.com.
How Long Does a Motorcycle Accident Lawsuit Take in Georgia?
If you’ve been in a motorcycle accident, you may be wondering how long it takes to file a lawsuit. The key is to prove that the other party was at fault for the accident. To do this, you’ll need to gather evidence and build your case within the statute of limitations for motorcycle accident claims. This is generally two years for injuries and four years for property damage. Once you’ve completed this process, you’ll have two options: accept the settlement offer or reject it. If you’ve been injured in a motorcycle accident, contact the professional attorneys of Dozier Law Firm today.
First, make sure you get medical care immediately after the accident. Make sure to tell your doctor about the nature and extent of your injuries. Even if your injuries aren’t immediately noticeable, they may take some time to manifest. Medical records that link to the motorcycle accident will be vital to your claim. However, this doesn’t necessarily mean that you must wait for the medical treatment to manifest. Once you’ve sought medical attention, you should make sure that you keep a copy of your medical records.
The statute of limitations for motorcycle accidents varies from state to state, but in general, you have two years to file a claim. This period is different for each state, but in general, it takes at least a year to build a strong case. To make sure your claim is filed within time, contact a motorcycle accident lawyer today. If you don’t file your claim within this timeframe, you may forfeit your right to seek financial recovery.
If you file a motorcycle accident lawsuit in Georgia, you have to provide notice of your claim within two years of the accident. If the other party is responsible for the accident, your attorney can file a personal injury lawsuit against them or against the driver’s insurance company. During this time, your attorney will gather evidence to present at trial. Then, the court will hear your claim and determine the best course of action.
If you’re suffering from a serious injury, you’ll need to consult an attorney immediately. You may need to be out of work for a time period, and your medical bills may begin to pile up. A motorcycle accident lawsuit can take a few years to settle, depending on its complexity and the severity of the injuries. Therefore, it’s important to hire a motorcycle accident attorney as soon as possible to maximize your recovery and compensation.
Many motorcycle accident victims are left feeling confused, angry, and frustrated. But they don’t have to wait until they’re fully recovered to start a lawsuit. Many accident lawyers offer free case evaluations, home visits, or hospital visits. Many lawyers are also willing to visit you in the hospital to discuss your situation. It’s crucial to find a lawyer who is familiar with your case and can provide you with the right legal counsel.
When filing a lawsuit, you’ll have to establish that the other party was at fault for the accident. You’ll also need to prove how much money you lost due to the accident, including medical expenses and lost wages. In addition to the financial loss you’ll incur, you’ll also need to show that you suffered emotional and psychological pain. Punitive damages, on the other hand, are intended to punish the party who committed egregious behavior.
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