Saturday, 26 July 2014

Types of Law

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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