Classification of Law

Subject matter explain

All laws of the land fall under a very specific area of law. These areas help us to readily identify the relevant issue being referred to. These specific areas of law are classified as subject matter of law. Thus if one speaking about appropriateness of sentencing, this would be issue under criminal law

Substantive law can be found in

Civil and Criminal law

Civil Law

Civil law deals with behavior that causes injury to an individual or other private party, such as a corporation.

Uniformity explain

Classification makes it possible for individuals to find the relevant information (on precedent, experiences, and procedures) for a case. It gives attorneys the ability to know exactly where to conduct research that will contain solutions to specific problems based on the subject matter.

Criminal Law vs Civil Law

Criminal law 1. society v. individual 2. It serves different degrees of punishment for the crime committed. 3. Criminal law deals with serious crimes like murder, rape, arson, robbery, assault, etc. 4. The government files a petition in a criminal law case. 5. As a matter of criminal law, the punishment is done according to the severity of the offense or a fine can be imposed. 6. "Beyond a reasonable doubt": Burden of proof is always on the state/government. Civil law 1. 2 private individuals 2. According to civil law, the wrongdoer has to pay compensation to the affected organization or person. 3. Civil law deals with property, money, housing, divorce, custody of a child in the event of a divorce, etc. 4. Civil law is initiated by a person or organization or also known as the plaintiff. 5. In the case of civil law, there is no punishment like criminal law, but the aggrieved party receives compensation and the dispute is resolved. 6. Criminal law is the body of law that deals with crime and the legal punishment of criminal offenses.

Criminal Law

Criminal law is A system of law is concerned with the punishment of offenders or individuals who commit a crime Examples of the same are murder, assault, theft, and drunk driving.

civil law examples

Examples of civil law is defamation, breach of contract, negligence which is resulting in injury or death, and property damage.

Substantive Law example

For example, if you sue a neighbor for cutting down a tree and letting it land on your house, that would be a civil case dealing with tort rather than a criminal case dealing with crime.

Functional law

Functional law refers to the laws that define describe regulate and creates legal rights and obligations

Public Law

Law dealing with the relationship between government and individuals

Conceptual law

Law is classified by concept, this kind of divided into two areas, private and public law

Procedural law

Law that establishes the methods of enforcing the rights established by substantive law.

Public International Law

Law that governs relationships between governments

private international law

Law that governs relationships between individuals and companies that cross international borders

Private Law

Law that regulates disputes between private individuals or groups

Treaty Law

Law that results from international agreements that are intended to create rights and obligations for the parties (e.g., the Ottawa Convention).

Substantive law

Laws that defines, describes, regulates, and creates legal rights and obligations.

Domestic Law / Municipal Law

Municipal law is the law of that nation; it is domestic law that governs the subject of the state. This is contrary to International law.

Procedural law vs Substantive Law

Procedural: 1. It follows the means and methods through which adequate legislation is enforced. 2. It has no independent authority to decide the fate of each case. 3. This law can be applied in both legal and non-legal contexts. 4. It deals with what is happening inside the court. 5. These laws are regulated by statutory laws. Substantive: 1. It establishes the rights, obligations and duties of other persons or persons with the state. 2. It has independent powers to decide the fate of each case. 3. This law cannot be applied in non-legal contexts. 4. It does not specifically deal with proceedings inside a court. 5. These laws are regulated by Acts of Parliament or government implementation.

Remedies available for International law

RESTITUTION, COMPENSATION, REHABILITATION, and NON-REPETITION

The main areas of the Classification of Law

Subject matter, Functional and Conceptual

Criminal Law examples

Theft, assault, robbery, trafficking in controlled substances, murder, etc.

Subject matter examples

Tort, real property and contract

Functional examples

substantive, procedural, civil, and criminal law

Public vs. Private law

-public government involved Larger scope Divided into three sub-divisions: Constitutional, Administrative, and Criminal law Deals with issues involving the general public or the state itself Public law includes inter-relationships between the state and the general population. -private government not directly involved (2 private citizens) Private law deals with the rights and obligations of individuals, families, businesses, and small groups and exists to assist citizens in disputes involving private matters. More specific scope Private law includes participation among private citizens. Private law consists of the law of obligations and the law of torts. Private deals more with the issues affecting private individuals, or corporations.

Remedies available for Private law

1. DAMAGES 2. RESTITUTION 3. INJUNCTION 4. SPECIFIC PERFORMANCE 5. SELF-HELP 6. DECLARATION

List of reasons/importance/benefits of classification

1. Uniformity of research 2. Redress 3. Defines the relationship between two or more areas of law

Remedies available for Public law

HABEAS CORPUS, CIVIL ACTION FOR DAMAGES, DECLARATION, and INJUNCTION

Redress explain

Highlights a variety of options to clients and attorneys, as to the subject matter of law under which redress may be sought. It helps people to know the judicial remedies available to them under the law.

Remedies available for Criminal law

IMPRISONMENT, RESTITUTION, HOUSE ARREST FINES, COMMUNITY SUPERVISION, RESTITUTION and COMMUNITY SERVICE

Defines the relationship between two or more areas of law

It clearly defines the relationship between two or more areas of law (if any). For example, the relationship between public law and constitutional law. In the said the relationship could be said that constitutional law is an aspect of public law, viz, public law is wider and a more all-encompassing term referring to the relationship between individuals and citizens and the state.

Customary International Law

Old laws among states that, though not formalized in treaties, are routinely respected and come over time to be viewed as obligatory under international law

Classification of Law definition

The classification of law refers to the ways in which they can be categorized or grouped.

International Law

The law that governs relations among nations.