Classification of Law

1. Natural Law vs. Positive Law

Natural Law Positive law

• begins with the premise that all of • made by people

our rights come from God or nature • only applies to those people who are
and are inherent to our being the subjects or citizens of the
• comes from sources that are universal government that creates the law

unwritten laws laws that must be written down

A set of principles based on what are The body of legal theory which views law
assumed to be the permanent as the product of human thought and
characteristics of human nature, that will
can serve as a standard for evaluating
conduct and civil laws

considered fundamentally unchanging (< lex posita or lex humana or ius positum <
and universally applicable to posit - 1: to dispose or set firmly → FIX; 2:
(< divine law) to assume or affirm the existence of →
POSTULATE; 3: to propose as an explanation
→ SUGGEST
 Classification of Law
2. Substantive Law vs. Adjective/Procedural Law

constitutional

public administrative

criminal
substantive
law
civil
procedural (adjective)
private
family
 LAW AND THE LEGAL SYSTEM
1. LAW – rule or system of rules recognized by a country or
community as regulating the actions of its members
and enforced by the imposition of penalties
→ LEGE
– such rules as a subject of study or as the basis of the
legal profession
→ DREPT

2. LAW and LEGAL words and phrases

law-abiding (citizen) to enforce the law legal action
law court to obey / observe the law legal system
lawsuit to break the law legal person
lawyer rule of law
 CIVIL LAW and CRIMINAL LAW – two broad and separate entities of law with
separate sets of laws and punishments

• The difference between civil law and criminal law turns on the
difference between two different objects which law seeks to
pursue - redress or punishment.
Civil Law Criminal Law

The object of civil law is the The object of criminal law is to

redress of wrongs by compelling punish the wrongdoer; to give
compensation or restitution: the him and others a strong
wrongdoer is not punished; he inducement not to commit the
only suffers so much harm as is same or similar crimes, to reform
necessary to make good the him if possible and perhaps to
wrong he has done. The person satisfy the public sense that
who has suffered gets a definite wrongdoing ought to meet with
benefit from the law, or at least retribution.
he avoids a loss.
 Branches
of civil law

1. Contract law 2. Tort law 3. Property law 4. Family law

 (1) Contract Law – deals with agreements between two or more
parties, each of which is obligated to hold up their portion of the
agreement
a) Form oral

written

b)Essentials mutual agreement

legal consideration
legal capacity
a subject matter – not illegal or against public policy
absence of fraud or duress
(2) Tort law is a branch of civil law that is concerned with personal injury and civil wrongdoing. A tort is a civil wrong, done by one
person or entity to another which results in injury or property damage, and frequently involves monetary compensation to the injured
party.

Duty : The defendant had a duty to act

in a reasonable manner

Negligence – an Breach of duty: the defendant failed to

unintentional tort, act reasonably
to which there are
four elements that Causation: The defendant’s breach of
must be satisfied duty must be the cause of the
plaintiff’s injury or loss
Intentional tort - a Damages: Monetary, property, or
Torts deliberate wrongdoing in which
the defendant acted with intent to other loss
cause harm or injury

Strict liability – a tort that does not

require actual negligence or intent to
injure.
It is based on an absolute or “strict”
duty to ensure something is safe.
 (3) Property Law - covers both personal property
and real property

a) meaning
• property (goods)/ ownership (possession)
b) classification
• Personal property can be tangible, such as
jewelry, animals, and merchandise, or intangible
such as patents, copyrights, stocks, and bonds.
• Real property refers to land and anything built on
it that cannot be easily removed, as well as
anything under the surface of the land, such as oil
and minerals.
criminal law (2) lawyers legal natural private law public law

The study of law distinguishes between public law and private

law, but in legal practice the distinction between civil law and
(1) ……………. is more important to practicing (2) ……..………. . (3)
……………..relates to the state. It is concerned with laws which
govern processes in local and national government and
conflicts between the individual and the state in areas such as
immigration and social security. (4) ……………. is concerned with
the relationships between (5) …………… persons or (6) ……………
persons, that is, individuals and corporations, and includes
family law, contract law and property law. (7) ………….. deals
with certain forms of conduct for which the state reserves
punishment, for example murder and theft. The state
prosecutes the offender.
civil action civil law claim compensation criminal
prosecution enforced liabilities procedural rights
substantive law

(1) …………. concerns relationships between private persons,

their rights, and their duties. It is also concerned with
conduct which may give rise to a (2) ………….. by a legal
person for (3) ……………. or an injunction – an order made by
the court. However, each field of law tends to overlap with
others. For example, a road accident case may lead to a (4)
…………….. as well as a (5) ……………..for compensation.
(6) …………….. creates, defines or regulates (7) ……………, (8)
………………., and duties in all areas of law and is contrasted
with (9) ………………. (or adjective) law, which defines the
procedure by which a law is to be (10) …………….. .
 CRIME and Criminal Law – Basic Concepts
1. CRIME – definition
• : an illegal act for which someone can be punished by the
government → “infracțiune, faptă penală”
• : activity that is against the law: illegal acts in general →
crime rate – “criminalitate, fenomen infracțional”
• : an act that is foolish or wrong
→ Wasting such good food is a crime. – “un păcat”
• ≠ murder, manslaughter, homicide

• Drept penal → criminal / penal / coercive law

• Criminal → n. infractor
→ adj. penal
 2. actus reus /vs./ mens rea

• actus reus → “guilty act” (“vinovăție”)

• mens rea - “guilty mind” → intent (“intenție”)
– a : the act or fact of intending: purpose
especially : the design or purpose to
commit a wrongful or criminal act
<admitted wounding him with intent>
– b : the state of mind with which an act is
done : VOLITION (“DELIBERATELY”)
→ DISCERNĂMÂNT
 3. Classification of crimes according to the level of seriousness

felonies misdemeanors wobblers infractions

• More serious • Less serious • Offences that may • “violations”
crimes such as crimes, such be prosecuted as • Petty offences
felonies or that are
murder, as shoplifting misdemeanors
kidnapping, or a DUI typically
• An offence that punishable by
robbery • Usually carry a was prosecuted as fines, but not
• Carry a year or fine and jail a felony may be jail time
more in a state sentence of downgraded to a
• Ex.: speeding
misdemeanor at
prison less than a the time of → a fine plus
• Also include year, if at all sentencing. This one point
offences such (community occurs when added to the
as white collar service, statutes authorize driving record
crimes and probation) judges to punish
offenders as either
fraud schemes misdemeanants or
felony offenders
 4. Major categories of crimes

Personal crimes Property crimes Inchoate crimes

Offences against the Offences against Statutory crimes
“incomplete” crimes
person property
• crimes that result • crimes that do not • crimes that were • Violations of
in physical or necessarily involve begun, but not specific state or
mental harm to harm to another completed federal state
person; instead, they
another person involve an interference • This requires that a statute
Include: with another person’s person take a • can involve either
assault right to use or enjoy substantial step to property offence or
their property complete a crime, personal offence
battery • include:
false as opposed to just • alcohol related
• larceny (theft) “intend” to commit
imprisonment crimes such as
• robbery (theft by a crime
kidnapping drunk driving
force) – it is also • Include:
considered a
• selling alcohol to
homicide (crimes • attempt – any
such as first and personal crime since a minor
second degree it results in physical crime that is
murder, and
and mental harm “attempted”
• burglary • solicitation
involuntary • arson
manslaughter, and • conspiracy
• embezzlement
vehicular • forgery
homicide • false pretenses
• receipt of stolen goods