Classifications of Law

Our legal system is made up of both a criminal justice system and acivil 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

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2.
3.
4.
5.

- CIVIL LAW Settles disputes between individuals/companies/corporations

Civil cases are brought to uphold the rights of individuals and to provide redress
A civil case is brought by an individual/company/corporation
Civil cases only have to be proven on the balance of probabilities
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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Labels: Jurisprudence

11 comments:
1.

Rupini RagaviahSeptember 24, 2014 at 7:05 PM

tumbs up (y)