THE CLASSIFICATION OF LAW

The law can be classified into the following four categories:

A. Substantive Law & Procedural Law

i. Substantive law says what you can do and what you can not do. They give you rights and duties.

ii. Procedural laws tell you what you must do when you decide to take a person to court, or to file a lawsuit. It is about court procedure.

B. Public Law & Private Law

i. Public law means that the government is involved. Constitutional law, administrative law and criminal law are the sub-divisions of public law.

ii. Private law involves the cases between individuals such as the law of contracts, torts etc.

C. Criminal Law & Civil Law

i. Criminal law refers to the crime and punishment. Criminal cases are where there is the state or the prosecution.

ii. Civil law is where one or both the parties want compensation. Civil law is all law that is not criminal law.

D. Common Law & Civil Law

i. Common law takes abstract rules from specific cases. Common law is where judges make decisions and these decisions create abstract rules for other cases. It is the system primarily used in Anglo Saxon culture.

ii. Civil law starts with abstracts rules which judges must apply to the cases before them. It is the system based on Roman law and Canon law.

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Vishnu Karle

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