Classification of Law 9/22/2023 LM 2023 1 / Law International Law 9/22/2023 Municipal Law LM 2023 2 CLASSIFICATION OF LAW Public Civil Private Criminal LAW 9/22/2023 Substantive Common Law Procedural Equity LM 2023 3 Public law • The public law is that branch of law which determines and regulates the organization and functioning of states (country). Also it regulates the relation of the state (country) with its subjects. Public Law Constitutional Law 9/22/2023 Administrative Law LM 2023 Criminal Law 5 • Public law includes (i) constitutional law, (ii) Administrative law (iii) criminal law, (iv) municipal law (v) international law; criminal law is enforced on behalf of or in the name of the state. 9/22/2023 LM 2023 6 Private law • Private law is that branch of the law which regulates those of the relation of the citizens with one another as are not of public importance. In this sense the state, through its judicial organs, adjudicates the matters in dispute between them. • In other words, it is primarily concerned with the rights and duties of individuals to each other. Under it, the legal action is begun by the private citizens to establish rights (In which the state is not primarily concerned) against another citizens or a group of citizens. Private Law Law of Contract 9/22/2023 Law of Torts LM 2023 Family Law 8 Private law • Private law includes, (i) Law of contract (ii) Law of tort (iii) Law of property (iv) Law of succession, (v) family laws. Private law is sometimes, referred to as civil law. In the case of private law the role of the state is merely to recognize and enforce the relevant law. Civil Law • Civil law deals with the disputes between individuals, organizations in which compensation is awarded to the victim. Criminal Law • Criminal law (also known as Penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. Distinction : Civil Criminal • Civil law and criminal law are two broad and separate entities of law with separate sets of laws and punishments. • According to William Geldart, Introduction to English Law (D.C.M. Yardley ed., 9th ed. 1984), "The difference between civil law and criminal law turns on the difference between two different objects which law seeks to pursue - redress or punishment. Distinction : Civil -Criminal Civil Law Criminal Law The object of civil law is the redress of wrongs by compelling compensation or restitution: the wrongdoer is not punished; he only suffers so much harm as is necessary to make good the wrong he has done. The person who has suffered gets a definite benefit from the law, or at least he avoids a loss. 9/22/2023 LM 2023 In the case of crimes, the main object of the law is to punish the wrongdoer; to give him and others a strong inducement not to commit same or similar crimes, to reform him if possible and perhaps to satisfy the public sense that wrongdoing ought to meet with retribution.” 13 Burden of proof Civil Criminal Civil : "Preponderance of evidence" Burden of proof is initially on the plaintiff and then switches to the defendants. Criminal :"Beyond a reasonable doubt": Burden of proof is always on the state/government. Example: Landlord/tenant disputes, divorce proceedings, child custody proceedings, property disputes (real estate or material), etc. Theft (by deception or unlawful taking), assault, robbery, trafficking in controlled substances, alcohol intoxication, etc. 9/22/2023 LM 2023 14 Type of punishment • A defendant in civil litigation is never imprisoned. Losing defendant in civil litigation only reimburses the plaintiff for losses caused by the defendant’s behavior. Either party (plaintiff or defendant) can be found at fault. • A guilty defendant is punished by either imprisonment in a jail or fine paid to the government, or, in exceptional cases, the death penalty. • Case filed by: Civil : Private party Criminal : Government Substantive Law • Substantive law is a statutory law that deals with the legal relationship between people or the people and the state. Therefore, substantive law defines the rights and duties of the people. Procedural law • Procedural law comprises the set of rules that govern the proceedings of the court in criminal as well as civil and administrative proceedings. The court needs to conform to the standards setup by procedural law. These rules ensure fair practice and consistency. Distinction • Substantive law defines, in regard to a specific subject, the legal rights and relationship of people with other people or as between them and the state. • Thus, murder is an offence under Indian penal code (IPC) and is defined there in. The IPC also provides for punishment for the crime. This is known as substantive law, Similarly, the provision of the Indian contract Act,1872, are substantive in nature. Distinction • Thus, provision of substantive law defines rights and duties while procedural law provides the machinery for enforcing those rights and duties. • Thus, a legal action is started by taking out a notice in a civil case; by a summon or an arrest in a criminal case, and ends by the trial and judgment in the court itself, followed by the execution of the judgment. Distinction • Procedural law deals with the methods and means by which substantive law is made and administered, It lays down the rules governing the manner in which a rights is enforced under civil law. • • Distinction In order to enable a statute to be valid it is necessary to follow legislative procedure. For example, Article 107 of the constitution of India makes provisions as to introduction and passing of Bills by the parliament. Many a time, the distinction between substantive law and procedural law is not clear. This is because many rules classified as procedural in character might be just as easily classified as substantive as they actually affect rights and duties. Though substantive law is more important, but incorrect or improper procedures can deprive a person of his substantive rights and remedies. Common law • Common Law refers to body of law based on custom and general principles and that, embodied in case law, serves as precedent or is applied to situations not covered by statute. • Judges are not free to decide cases on the basis of fairness but only on the basis of the established laws/cases. Sometimes the proper application of the law can lead to an unfair or harsh result. • Equity is the name given to the set of legal principles, in countries following the English common law tradition, which supplement strict rules of law where their application would operate harshly, so as to achieve what is sometimes referred to as “natural justice.” Literally mean “fairness”. • Equity has been described as "gloss [meaning a supplement] on the Common Law, Filing the gaps and making the English legal system more complete. Classification of Law 9/22/2023 LM 2023 24 9/22/2023 LM 2023 25
