1.
What is law
The term law has no universally
recognized definition. However one definition is that Law is a system of rules that govern a
society with the intention of maintaining social order, upholding justice and
preventing harm to individuals and property. Therefore, Law is a formal mechanism of social control. Social control has two aspects;
-
Formal
control mechanisms
-
Informal
control mechanisms
Law
provides a structure for dealing with and resolving disputes that may arise, as
well as providing some deterrent to those wishing to destroy the social order.
Informal control mechanisms on the other hand include ethical and moral
guidelines. These are norms or behavioral expectations that society has
developed over time through its culture.
2.
Types of law
The English
legal system distinguishes several types of law. These are;
-
Common law and
equity
-
Statute Law
-
Private law
and public law
-
Criminal
law and civil law
a)
Common Law and Equity
Common law is
that part of English law based upon societal customs and recognized and
enforced by the judgments and decrees of court. It forms a major part of the
law of England. It is a body of customary law, based upon judicial decisions
and embodied in reports of decided cases, that has been administered by the
common-law courts of England since the Middle Ages. Remedies under common law are monetary and are
called damages. For example, a breach of contract might entitle the
injured party to an aunt of money sufficient to compensate for the breach.
Equity was developed to supplement the common law where the application of the
common law would have operated to harshly. Equity
is the name given to a set of
legal principles that supplement strict rules of law where there application
would operate harshly. Equity is commonly said to "mitigate the rigor of common
law", allowing courts to use their discretion and apply justice in accordance with natural law. Remedies granted
under equity are referred to as equitable remedies are granted where money is
insufficient to make the injured party whole.
b)
Statute law
A statute
is a written law passed by the legislature that declares, proscribes or
commands something. Statute law is usually made in areas so complicated or
unique that suitable common law alternatives are unlikely.
c)
Private law and public
law
Private law is that branch of law which defines, regulates, enforces and
administers relationships among individuals, associations and corporations.
Examples include contracts, torts and labour laws. The state provides a framework for dealing
with disputes and/or enforcing decisions but it for individuals to handle
matters between themselves. For example, the Sale of Goods Act 1979 regulates
the sale of goods by providing rules that must be adhered to when making a
sale. Should any dispute arise that is
covered by the Act, it is up to the parties to resolve the matter themselves
using the rules laid down by the legislation.
Public law is the branch of law that governs the relationship between a state and
its citizens, and dealing with the structures and operation of the government.
Examples of public law are constitutional law, administrative law and criminal
law.
d)
Criminal law and civil
law
Criminal law is a body of law that defines conduct prohibited by the government and
that establishes punishment to be imposed for the commission of such acts.
A crime is
conduct prohibited by the state. In a criminal case, the state prosecutes the
wrongdoer because it is the community as a whole which suffers as a result of
the law being broken.
Persons
found guilty may be punished by fines or imprisonment.
The burden of proof rests with the
prosecution. The prosecution must proof its case beyond reasonable doubt.
Civil law is a body of rules that exists to regulate disputes over the rights
and obligations of persons dealing with each other. It seeks to provide
compensation to the injured parties. Civil cases usually involve private
disputes between persons or organizations.
A case begins when a person or entity called the plaintiff (claimant),
claims that another person or entity, defendant, has failed to perform a legal
duty owed to the plaintiff.
In civil
proceedings, the case must be proved on a balance of probabilities. For that
reason, the claimant must convince the court that it’s more probable than not
that the assertions are true.
Compensation
is paid to the wronged person.
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