Categories of Law

 

Criminal vs Civil

http://www.cliffsnotes.com/more-subjects/criminal-justice/criminal-law/~/media/2B7B72BF86F7409C8E7B36A8D908F76C.ashx

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Houghton Mifflin Harcourt (2014). The Nature of Criminal Law. Retrieved February 11, 2015, from Cliff Notes: http://www.cliffsnotes.com/more-subjects/criminal-justice/criminal-law/the-nature-of-criminal-law

 

Key Terms

·         Tort: a non-contractual civil wrong in which the courts supply a remedy

·         Plaintiff: the individual who has brought suit against the defendant, claiming a suffering of damages

·         Preponderance of evidence: favoring one party over another due to a more convincing argument and compelling evidence.

 
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Substantive Law vs. Procedural Law

 

 

 

 

Substantive

Procedural

Definition

Gives individuals rights and the ability to generate particular duties

Creates structure and establishes rules for the practice of substantive law

Implementation

Specifically describes a citizen’s rights and duties

Blueprint of law enforcement

 

Authority

Power of autonomy to determine the result of a case

No power of autonomy

Use

Cannot be used in non-legal situations

Can be used in non-legal situations

 

Blogspot (n.d.). Substantive Law vs Procedural Law. Retrieved February 11, 2015 from Blogspot at: http://itslaw.blogspot.com/2013/07/substantive-law-vs-procedural-law.html

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http://i.ytimg.com/vi/Saepof-QeoU/maxresdefault.jpg

Quimbee (2014). Constitutional Law tutorial: Procedural Due Process. Retrieved February 11, 2015 from Quimbee at: https://www.youtube.com/watch?v=Saepof-QeoU

 

 

 

 

 

 

Public vs Private Law

 

Public law can be broken down into three main sub-categories of law: constitutional, administrative and criminal law.

 

Public Law

Constitutional

·         Describes the foundations of the state

·         Represents the highest authority of law

·         Defines the government’s form (branches: judiciary, executive, legislative)

·         Protects each individual’s basic human rights

Administrative

·         Regulates and manages bureaucratic procedures

·         Defines the powers of agencies

·         Regulations include manufacturing, pollution, taxation, international trade, etc.

·         Enforced by the executive branch

Criminal

·         Imposes penalties for specified crimes committed by businesses and/or individuals

·         Crimes are of public concern

 

Public law. (2015, January 10). In Wikipedia, The Free Encyclopedia. Retrieved 17:52, February 13, 2015, from http://en.wikipedia.org/w/index.php?title=Public_law&oldid=641804161

 


 

Private law is anything not in the scope of public law. It entails a private relationship with governments, private individuals, or other units.

 

Areas of Private Law

Civil

Compensation for loss of money due to another’s actions

Contract

A promise which is legally binding

Torts

A non-contractual civil wrong in which a remedy is provided by the court

Property

Deals with disputes among parties over ‘things’ such as tangible or intangible goods

Family

Entails family relationships in regards to marriage, divorce, children, etc.

Succession

Manages inheritance, wills, etc.

Labor (Employment)

Mediates relationships between employees, employers, unions and the government

Commercial

Regulates and manages business and trade transactions

Corporate

Involves the interactions between stakeholders (i.e. employees, creditors, shareholders)

Competition (Antitrust)

Aims to uphold competitive markets by regulating the conduct of companies. Can be enforced by either public or private law depending upon its marketing and competition.

 

 

Commercial law. (n.d.). Dictionary.com Unabridged. Retrieved February 13, 2015, from Dictionary.com website: http://dictionary.reference.com/browse/commercial law

Competition law. (2015, January 25). In Wikipedia, The Free Encyclopedia. Retrieved 18:27, February 13, 2015, from http://en.wikipedia.org/w/index.php?title=Competition_law&oldid=644081607

Corporate law. (2015, January 26). In Wikipedia, The Free Encyclopedia. Retrieved 18:23, February 13, 2015, from http://en.wikipedia.org/w/index.php?title=Corporate_law&oldid=644232584

Family law. (n.d.). © Encyclopedia Britannica, Inc.. Retrieved February 13, 2015, from Dictionary.com website: http://dictionary.reference.com/browse/family law

Labour law. (2015, January 31). In Wikipedia, The Free Encyclopedia. Retrieved 18:32, February 13, 2015, from http://en.wikipedia.org/w/index.php?title=Labour_law&oldid=645045383

Private law. (2015, February 7). In Wikipedia, The Free Encyclopedia. Retrieved 17:57, February 13, 2015, from http://en.wikipedia.org/w/index.php?title=Private_law&oldid=646092768

Property law. (n.d.). © Encyclopedia Britannica, Inc. Retrieved February 13, 2015, from Dictionary.com website: http://dictionary.reference.com/browse/property law

Succession. (n.d.). Dictionary.com Unabridged. Retrieved February 13, 2015, from Dictionary.com website: http://dictionary.reference.com/browse/succession