It's Law!

A blog about basic legal stuff...

Sunday, July 29, 2012

Classifications of Law

Our legal system is made up of both a criminal justice system and a civil justice system. These two systems exist to deal with two different types of laws (criminal law and civil law) that have very different consequences if they are broken. As civil and criminal law have different purposes, different systems for dealing with them have developed.


- CRIMINAL LAW -
  1. Creates laws for the protection of the society as a whole and to maintain law and order
  2. Provides punishment for those who break the laws
  3. Sets out types of behaviour that are forbidden within a society 
  4. Criminal cases must be proven beyond reasonable doubt
  5. Criminal cases are usually brought on behalf of the State
  6. At the end of a case, if the defendant is found guilty, he will be punished by the State


- CIVIL LAW -
  1. Settles disputes between individuals/companies/corporations
  2. Civil cases are brought to uphold the rights of individuals and to provide redress
  3. A civil case is brought by an individual/company/corporation
  4. Civil cases only have to be proven on the balance of probabilities
  5. At the end of a case, the party at fault has to pay compensation or comply with another suitable remedy, such as an injunction


Sometimes law is also classified into private law and public law.

PRIVATE LAW
  1. Private law concerns the smooth running of a society and covers areas in everyday life such as work, business dealings, employment, and education. 
  2. Examples: law of tort, contract law, law of succession, employment law, property law, family law, labour law, commercial law, etc.

    PUBLIC LAW
    1. Public law involves the State or government.
    2. There are 3 main types of law that fall into public law category: constitutional law, administrative law and criminal law.
    3. Constitutional law - controls how the government operates; resolves any disputes over constitutional matters, for example, who is entitled to vote.
    4. Administrative law - controls how Ministers of State and public bodies should operate and make decisions.
    5. Criminal law - Criminal law is part of public law because a crime is regarded as an action against society and the state as a whole.


    - INTERNATIONAL LAW -


    Sources of international law:
    • Article 38.1 of the Statute of the International Court of Justice: Treaties
    • international customs
    • general principles

    Public International Law 
    1. Public international law concerns the structure, relationship and conduct of sovereign states, analogous entities, and intergovernmental organizations. 
    2. The sources for public international law development are custom, practice and treaties between sovereign nations, such as the Geneva Conventions.
    3. Governs the relationship between provinces and international entities.
    4. Includes these legal fields: treaty law, law of sea, international criminal law, international environmental law, the laws of war or international humanitarian law and international human rights law.
    5. Public international law has a special status as law because there is no international police force, and courts (e.g. the International Court of Justice as the primary UN judicial organ) lack the capacity to penalise disobedience.
    Private International Law
    1. Also known as "conflict of laws".
    2. Concerns which jurisdiction a legal dispute between private parties should be heard in and which jurisdiction's law should be applied.
    International Court of Justice (ICJ)
    1. The primary judicial organ of the United Nations.
    2. It is based in the Peace Palace in The Hague, the Netherlands.
    3. Its main functions are to settle legal disputes submitted to it by states and to provide advisory opinions on legal questions submitted to it by duly authorized international organs, agencies, and the UN General Assembly.
    International Criminal Court (ICC)
    1. A permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression.
    2. The Court's official seat is in The Hague, Netherlands, but its proceedings may take place anywhere.
    3. The Court can generally exercise jurisdiction only in three cases, viz. if the accused is a national of a state party, if the alleged crime took place on the territory of a state party or if a situation is referred to the Court by the United Nations Security Council, and only when national courts are unwilling or unable to investigate or prosecute such crimes.

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