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Classification of Law

There are several ways to classify law. Law can be classified by type as international, national/domestic, public, or private law. National law can further be divided into public law such as constitutional, administrative, and criminal law or private/civil law. Law is also classified by its source, such as European Union law, statutory law, regulatory law, common law, and equity law. Common law has different meanings including judge-made law and law of common law systems. Civil and criminal law differ in their purpose, courts, burden of proof, outcomes, remedies/sentences, and terminology used.

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412 views17 pages

Classification of Law

There are several ways to classify law. Law can be classified by type as international, national/domestic, public, or private law. National law can further be divided into public law such as constitutional, administrative, and criminal law or private/civil law. Law is also classified by its source, such as European Union law, statutory law, regulatory law, common law, and equity law. Common law has different meanings including judge-made law and law of common law systems. Civil and criminal law differ in their purpose, courts, burden of proof, outcomes, remedies/sentences, and terminology used.

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musufasa
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Classification of Law

Possible to classify law in many ways.


For a law student the most important ways are by: (a) the type of law (ie the matters that the law is regulating) (b) the source from which it comes; this affects the status of the law.

Classification by types of law


International National (Domestic)

National (Domestic law)


Public Law 1. Constitutional 2. Administrative 3. Criminal Private (Civil) Law eg. Contract Tort Family Company Land law

Law can be classified as international or national (domestic). International law can be divided into a) public international law, which governs relationships between countries, and b) private internal law, which governs which countrys law should apply to individuals where there are links with at least two different countries, eg. which countrys law should govern who inherits on a persons death.

National law can also be divided into public law and private law. Public law involves the State in some way, while private (civil) law controls the relationships between individuals. National public law can be divided into : - constitutional law; - administrative law; - criminal law.

National Private Law


Can be divided into many categories: including contract, tort, family law, company law, and land law.

Classification by Source
1. European Union law that which emanates from the Institutions of the EU. This can overrule national law (R v Secretary of State for Transport ex parte Factortame (1991)). 2. Statutory law- that made by an Act of Parliament, eg. Access to Justice Act 1999.

Classification by Source (cont)


Apart from EU law,statutory law is sovereign and cannot be challenged by the courts. 3. Regulatory law secondary law made by delegated legislation. 4. Common law law made by the decisions of the judges. It is also referred to as case law.

Classification by Source (cont)


5. Equity law is law created by the Chancery courts under the Lord Chancellor to fill the gaps in the common law. Although equity prevails over common law, equitable remedies are discretionary.

Different meanings of common law


Different meanings 1. Law developed by judges in the eleventh and twelfth centuries to form a common law for the whole country. Distinguishes it from 1. The local laws used prior to the Norman conquest.

Different Meanings 2. Judge-made law developed through judicial precedent.

Distinguishes it from 2. Laws made by a legislative body such as Acts of Parliament (statutory law)

3. The law operated in the common law courts before the reorganisation of the court structure in 187375

3. Equity decisions of the Chancery courts.

Different Meanings 4. Common law systemsthose following the English case-based system (mainly US and Commonwealth countries)

Distinguishes it from 4. Civil law systems- those operated in European countries influenced by Roman law and which are largely code based.

Distinctions between Civil & Criminal Law

Purpose

Civil Regulates relationships between individuals Dispute settlement Enforcement of rights

Criminal Prevention of certain types of conduct Enforcement of behaviour Punishment of offenders

Distinction between Civil and Criminal Law


Civil Courts High Court County Court Burden of Proof Balance of probability Outcomes of cases
Liability decided. Civil remedy awarded.

Criminal Crown Court Magistrates Ct Beyond reasonable doubt


Guilt or innocence decided. Sentence imposed

Distinction between Civil and Criminal Law (cont)


Civil
Remedies eg: Damages Injunction Declaration Claimant/defendant Making a claim (suing the defendant) Finding of liability

Criminal
Sentences eg. Imprisonment Community penalty fines Prosecution/ defendant Charging defendant Finding of guilt

Terminology

Note that in some areas the distinction between civil and criminal law can be blurred. 1. Contempt of court in a civil case may lead to a prison sentence. 2. Orders such as antisocial behaviour orders (s.1 Crime & Disorder Act 1998) are initially civil orders but, if broken, become criminal law

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