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TOPIC: CLASSIFICATION/DIVISION OF THE LAW

Legal Systems of the World –(See text by Hazel Glenn)

Common Law System V Civil Law System

It is also necessary for us to take note of the fact that at the

international level-there are two main legal systems: the common
law system and the civil law system.
The common law evolved in England in the 13th Century, while the
civil law system originated in Western Europe-France, Italy,
Germany,Netherlands,Portugal,Spain and Switzerland.
These days we also talk about a mixed legal system.
The Adversarial and Inquisitorial Procedures –What is the
difference? ( See text by Hazel Glenn)
The word Law is used in broad terms.

Law has classes or divisions that are distinct and applicable only in
specified circumstances.

Classification of laws may depend on content, applicability, origin

or other characteristics.

Characteristic. Types Of Law.

A. Extent (or Scope) of Local Law, Municipal
Application Law, International Law
B. Source (or Origin) (i) Common Law and
Civil Law
(ii) Statutory Law and
Customary Law (Cf.
Sharia’ Law)
(iii) Community Law (e.g.
EAC Law) and National
Law

C. Subject-Matter Constitutional Law,

Criminal Law,
Commercial Law etc
D. Relation to Public Law and Private
State/Individual Law
E. Relation to Criminal Law and Civil
Offences/Civil Matters Law
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F. Relation to Rights & Substantive Law and

Obligations/Processes Procedural Law

The usual classifications of law are the following:-

1. Written law Unwritten Law

Constitution of Uganda Acts e.g. Customary Law

of Parliament e.g. Local
Governments Act Subsidiary
Legislation e.g. ordinances
and Bye Laws

2. Common Law
- Based on decided cases
following doctrine of precedent subject. Sometimes called
(case law).
- Applicable in England and
the Commonwealth
Civil Law
Follows a code of principle
written down on a particular
Napoleonic Code. Commonly
applied in continental Europe.
- Does not follow doctrine
precedent

International Law

Law applicable and governing

3. Municipal/Domestic Law
relations between independent
Laws applicable within a states.
particular country and which
Disputes resolved in
do not affect other countries
International Courts e.g
Disputes are resolved in International Court of Justice.
national courts e.g. the High
Civil Law
Court of Uganda.
Relates to disputes between
4. Criminal Law
private persons e.g. contracts,
- Relates to crimes against to
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state e.g. theft, Robbery, torts, divorce, property

forgery, treason
- Aims at punishment of
offender or prevention of
offence
- Punishable by fines, or
imprisonment
- Proof beyond all reasonable
doubt
Aims at restoration or
compensation to the affected
person. Awards include
damages and other forms of
compensation
Proof on the balance of
probabilities

5. Public Law Private Law

- Relates to matters in which Regulates relation between

the state has an interest. private persons.

- The state is usually a party The state is not a party to

to the dispute before courts of
law e.g. constitutional law,
Judicial reviews in
Administrative Law
dispute e.g. Family law
(divorce), commercial disputes
etc. In such cases the state
may be a party as if it was a
private person.

Civil Law
6. Military (Marshall) Law
Applicable to civilians who are
Applicable to serving members
not serving in the military
of the military forces
forces e.g. High Court and
Enforceable in military Courts other courts of judicature.
following military codes and
procedure e.g. UPDF Act.
Procedural or adjectival law

This classification contains

7. Substantive Law
laws that prescribe the
This classification contains procedure for enforcing a
laws that provide the substantive law e.g. the
substance of a legal matter – Criminal Procedure Code
rights and obligations.For provides for the steps in the
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example the Penal Code Act enforcement of the Penal Code

provides for crimes and Act.
punishments.

Why is it necessary to have a classification of the law ?

1) It enables application of principles correctly and easily.

2) It makes easy reference.
3) It determines the appropriate court for settlement of disputes.
4) The classification of the law dictates the remedies to be
awarded by the courts,
Test your understanding.

1. Explain and Distinguish between the following :

 Civil and Criminal law
 Private and Public Law
 Public Law and Private Law
 Municipal Law and International Law
 Procedural Law and Substantive Law
The Distinction between Criminal Law and Civil Law
Legal wrongs are either civil wrongs or criminal wrongs

ITEM CIVIL LAW CRIMINAL LAW

1 Scope Law governing Law governing criminal
civil wrongs wrongs
Division / Private Law Public Law
Classific
ation
2 Aim Civil law aims Punish the offender and
at Restitution deter crime.
and
compensation.
Damages are
monetary
compensation
awarded by a
court of law to
a person whose
legal rights
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have been
breached.
Damages may
be general,
special or
punitive.
3 Parties Civil wrongs Crimes result into criminal
such as breach proceedings, the parties to
of contract, which are the state and the
torts such as accused e.g. UGANDA V
battery, assault, OKELLO.
libel, slander,
negligence,
nuisance etc.
result into civil
proceedings,
the parties to
which are
plaintiff versus
defendant or
petitioner
against
respondent e.g.
TUGUME
versus OKOT.
If Mrs. Byansi
petitions the
High Court for
a decree of
divorce Mrs.
Byansi is the
petitioner and
her husband
Mr. Byansi is
the respondent.
If a party to a
criminal or
civil matter
appeals to a
higher court,
that party
becomes the
appellant and
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the other
becomes the
Respondent.
4 Burden The burden of The state bears the burden
of Proof proof lies on of proof i.e. the legal duty
(This the party who to prove the guilt of the
means the alleges i.e. the accused or that the accused
legal duty plaintiff bears is guilty of the criminal
to prove the burden of offence he is alleged to
ones case proof-the legal have committed.
before a duty to prove
court of his case against
law) the defendant

5 Standard In civil cases it In criminal cases the

of Proof is on a balance standard is beyond
(This of reasonable doubt
means the probabilities.
degree to
which a
case must
be
proved)
6 Limitatio Civil wrongs Criminal offences are not
n are subject to subject to the law of
the law of limitation and can be
limitation. A prosecuted at any time, as
victim must long as the offender is alive
sue within the and evidence available.
time prescribed ( Exceptions e.g. the
by the offence of treason,offences
Limitation e.g. under the Presidential
for breach of Elections Act)
contract, the
aggrieved party
must sue
within six
years from the
date when the
breach arose.
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If a person has
to recover land
from another,
the aggrieved
person must
file a suit
within 12
years.
7 Settleme A prospective As a general rule Criminal
nt of plaintiff/victim cases cannot be a subject of
Cases. of a civil compromise between the
wrong and accused and the victim of
would be his wrong.This is against
defendant can public policy and public
settle the interest and it would inhibit
matter outside deterrence of crime.
the court, and (However note that
when they settlement in terms of
do,the compensation or other
aggrieved terms as approved by court
person will not in offences as prescribed
sue/file a suit under
in court. theJudicature(Reconciliatio
n)Rules S.I NO.41 of 2011
8 Withdr Parties to a Criminal proceedings
awal civil suit can cannot be withdrawn by the
of enter into a parties,only the Director of
cases consent Public Prosecution can
judgment on withdraw criminal
mutually proceedings
agreed terms
and this
determines
/ends the
suit.The
plaintiff can
also withdraw
his suit,subject
to the Civil
Procedure Act.
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9 Result Civil wrongs Conviction of a person

are remedied accused of committing a
by an award of criminal offence results
damages.Other into punishment e.g.
civil remedies payment of a fine,or
include Imprisonment
injunctions,dec
laratory
ordersan order
of specific
performance
compelling a
person who has
breached a
contract to do
just what he
agreed to do
under contract.
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