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Classification of Law
Classification of Law
In this
brief article I will explain the differences that make up the four classifications of law.
1. Substantive of laws vs. Procedures of laws- Substantive of law is the
substance that makes up a law. It is the meaning of a law that explains what you
can and cannot do. For example the law states that you cannot murder another
human being unless it was in self defense, you were under duress, or if you were
drugged by another person. Unlike substantive of law, procedures of laws are just
the steps that must take place when filing a lawsuit against another party.
2. Public vs. Private Law- Public law simply means that the government is
involved. Public law is any law that has to do with the constitution and the public.
This type of law normally involves a criminal suit were the government is
prosecuting a citizen for a crime they allegedly committed. Private laws are laws
that do not involve the government, and are laws that allow one private entity to
sue another private entity in a civil lawsuit.
3. Criminal vs. Civil Law- Criminal law was created to protect the public from the
government or from themselves. Criminal laws were created so that the
government could not prosecute individuals without due process and so that the
public could protect themselves from each other. Civil law are cases where one or
both parties are looking for compensation instead of jail time. Civil law covers
anything that criminal law does not cover in the court system.
4. Common vs. Civil law countries- Common law countries prosecute with the
concept of "Stare Decisis" meaning, let the decision stand. This means that these
countries such as the United States of America make decisions based on precedent.
These countries are case law countries and look at how past cases were decided
and use that in the decision process when prosecuting. Unlike common law
countries, civil law countries do not rely on precedent but instead prosecute
lawsuits on a case to case basis without looking at how past cases had been
decided.
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Law can be categorised in number of ways although the various
categories are not mutually exclusive
Common Law Civil Law Systems
Common Law
And Civil Law
Courts In Civil
Law
Jurisdictions
Civil
Crime
Civil Law
Interaction vEnforcement
Civil Law
Situations
Sources
Private
arrangements
Public Law
Includes
Government
Individuals
Taxation
Criminal Law
No constitution
Control of
resources
Administrative Law
Is a comparatively recent occurrence.
Local
Government and
Administrative
Agencies
Judicial Review
International Law
Background
Based on
Custom
Treaties and
Conventions
Definitions
United Nations