Professional Documents
Culture Documents
Classification of Law 2
Classification of Law 2
Classification of Law 2
Law may be classified in various different ways but the most important classification of law is as follows: – Municipal Law and International
Law, Public Law and Private Law, Criminal Law and Civil Law, Substantive Law and Procedural Law.
1. Public law deals with issues that affect Private law deals with the rights and obligations of individuals,
the general public or the state – society families, businesses and small groups and exists to assist citizens
as a whole. in disputes involving private matters.
2. Public law includes inter-relationships Private law includes participation among private citizens.
between the state and the general
population.
3. Public law consists of three Private law consists of the law of obligations and the law of torts.
subdivisions: Constitutional,
administrative and criminal law.
4. Public law deals with a larger scope. Private law operates with a more specific scope.
5. Public law focuses more on the issues Private Law deals more with the issues affecting private
that affect the general public or the state individuals, or corporations.
itself.
Classification of law: – Public law and Private law
3. Civil Law and Criminal Law
Civil Law
Meaning of Civil law: – Civil law deals with behavior that causes injury to an individual or other private party, such as a corporation. Example
of civil law is defamation, breach of contract, negligence which is resulting in injury or death, and property damage. In civil law, cases are
initiated (suits are filed) by a private party (the plaintiff); cases are usually decided by a judge; punishment almost always consists of a monetary
award and never consists of imprisonment; the plaintiff must establish the defendant’s liability only according to the “preponderance of
evidence”; and defendants are not entitled to the same legal protections as are the criminally accused.
Criminal Law
Meaning of Criminal law: – Criminal law deals with behavior that can be recognized as a crime against the public, society, or the state – even
if the immediate victim is a person. Examples of the same are murder, assault, theft and drunk driving. In criminal law, it deals with looking after
public interests. It involves punishing and rehabilitating offenders, and protecting the society. The police and prosecutor are hired by the
government to put the criminal law into effect. Public funds are used to pay for these services. If suppose you are the victim of the crime, you
report it to the police and then it is their duty to investigate the matter and find the suspect. In most cases, if a charge has been properly presented
and if there is evidence supporting it, the Government, not the person who complains of the incident, prosecutes it in the courts.
Difference between Civil and Criminal Law
S.No Civil Law Criminal Law
.
1. Civil law deals with the disputes between individuals, Criminal law deals with crimes that are committed
organizations, or between the two, in which against society. Criminal law is the body of law that
compensation is awarded to the victim. deals with crime and the legal punishment of criminal
offenses.
2. According to civil law, the wrongdoer has to pay It serves different degrees of punishment for the crime
compensation to the affected organization or person. committed.
3. Civil law deals with property, money, housing, Criminal law deals with serious crimes like murder,
divorce, custody of a child in the event of a divorce, rape, arson, robbery, assault etc.
etc.
4. Civil law is initiated by a person or organization or The government files a petition in a criminal law case.
also known as the plaintiff. ‘
5. In the case of civil law, there is no punishment like As a matter of criminal law, the punishment is done
criminal law, but the aggrieved party receives according to the severity of the offense or a fine can be
compensation and the dispute is resolved. imposed.
6. Criminal law is the body of law that deals with crime “Beyond a reasonable doubt”: Burden of proof is always
and the legal punishment of criminal offenses. on the state/government.
Classification of law: – civil law and criminal law
4. Substantive Law and Procedural Law
Substantive Law
Meaning of Substantive Law: – Substantive law is the law which governs the original rights and obligations of individuals. Substantive law
may derive from the common law, statutes, or a constitution. For example, a claim to recover for breach of contract or negligence or fraud would
be a common law substantive right. This law refers to the body of rules that determine the rights and obligations of individuals and collective
bodies.
Procedural Law
Meaning of Procedural Law: – Procedural law establishes the legal rules by which substantive law is created, enforced and applied, especially
in a court of law. Procedural law refers to the different processes through which a case proceeds. Procedural laws define the rules with which
substantive laws may be enforced.
Difference between Substantive and Procedural Law
S.No Substantive Law Procedural Law
.
1. It establishes the rights, obligations and duties of other It follows the means and methods through which
persons or persons with the state. adequate legislation is enforced.
2. It has independent powers to decide the fate of each case. It has no independent authority to decide the fate of
each case.
3. This law cannot be applied in non-legal contexts. This law can be applied in both legal and non-legal
contexts.
4. It does not specifically deal with proceedings inside a It deals with what is happening inside the court.
court.
5. These laws are regulated by Acts of Parliament or These laws are regulated by statutory laws.
government implementation.