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    Notes On Types of Laws

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    khalida
    This document summarizes different types of law: - Common law includes civil and criminal law, while public law governs relationships between individuals and the state. Private law regulates relationships between individuals. - Substantive law outlines rights and obligations, while procedural law specifies legal processes and procedures. - International law governs relations between nations, whereas municipal law controls domestic affairs within a state.

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    Notes On Types of Laws

    Uploaded by

    khalida
    62 views2 pages
    This document summarizes different types of law: - Common law includes civil and criminal law, while public law governs relationships between individuals and the state. Private law regulates relationships between individuals. - Substantive law outlines rights and obligations, while procedural law specifies legal processes and procedures. - International law governs relations between nations, whereas municipal law controls domestic affairs within a state.

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    This document summarizes different types of law: - Common law includes civil and criminal law, while public law governs relationships between individuals and the state. Private law regulates relationships between individuals. - Substantive law outlines rights and obligations, while procedural law specifies legal processes and procedures. - International law governs relations between nations, whereas municipal law controls domestic affairs within a state.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    62 views2 pages

    Notes On Types of Laws

    Uploaded by

    khalida
    This document summarizes different types of law: - Common law includes civil and criminal law, while public law governs relationships between individuals and the state. Private law regulates relationships between individuals. - Substantive law outlines rights and obligations, while procedural law specifies legal processes and procedures. - International law governs relations between nations, whereas municipal law controls domestic affairs within a state.

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    © All Rights Reserved
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    of 2

    TYPES OF LAW

    1. Common law – Civil and criminal law


    2. Public and Private law
    3. Substantive and Procedural law
    4. International and municipal law

    Object Civil law Criminal law


    Definition Civil law is related to the rights, duties Criminal law is concerned with wrongs
    and obligations of individuals between against the community as a whole.
    the people themselves. Eg. IPC
    Eg. Contract law
    intention Guilty intention is not necessary. Guilty intention is necessary to constitute
    crime
    Standard of “Preponderance of evidence”. Claimant “Beyond a reasonable doubt”.
    proof must produce evidence beyond the
    balance of probabilities.
    Burden of Claimant must give proof however, the "Innocent until proven guilty": The
    proof burden may shift to the defendant in prosecution must prove defendant guilty.
    situations of Res Ipsa Loquitur (The
    thing speaks for itself).
    Punishment Compensation (usually financial) for A guilty defendant is subject to Custodial
    injuries or damages, or an injunction, (imprisonment) or Non-custodial
    specific performance. punishment (fines or community service).
    In exceptional cases, the death penalty.
    Types of Landlord/tenant disputes, divorce Theft, assault, robbery, trafficking in
    crimes proceedings, child custody controlled substances, murder, etc.
    proceedings, property disputes,
    personal injury, etc.

    Object Private law (civil law) Public law (criminal law)


    Governs Relationship between individuals. The relationship between state and
    individual.
    Objective Is to regularize and control the To achieve the objectives of state
    behavior of individuals.
    Scope More specific scope Wider scope

    Object Procedural law Substantive law


    Meaning Procedural law is a law Substantive Law is the
    that specifies the practice, law that states the rights
    procedure and machinery and obligations of the
    for the imposition of parties concerned.
    rights and duties.
    Context Applicable to legal and Applicable to legal
    non-legal context. context only
    Deals with Initiation and Rights of parties and
    prosecution of civil and punishment for
    criminal lawsuits. wrongdoer.
    Eg. Cr.Pc, CPC IPC,, contract law etc.

    Object International law Municipal law


    Definition International law is the body of Municipal law is the ordinance
    law which is composed for its and other laws applicable
    greater part of the principles within s city, town or other
    and rules of conduct which local govt. entity.
    states feel themselves bound to
    observe, and therefore, do
    commonly observe in their
    relations with each other.
    Meaning It largely concerned with It controls relations between
    relationship among states. individuals within a state and
    between individuals and states.
    Relations they regulate They regulate relations It regulates relations between
    between the member states of the individuals under the sway
    the family of nations. of the respective states.
    Substance It is a law of nations. Law It is a law of a sovereign over
    between the sovereign states individuals subjected to its way.
    It is concerned mainly with It deals with infra-state affairs
    foreign affairs or inter-state concerned with domestic
    affairs. affairs.
    Nature It is a nature of consent and It is a command and sanction.
    consensus
    Applicability It applies to individual mediate It applies on individual
    immediate.
    Will It is the common will of the It is the will of the state
    states. empowered by sovereign
    authority.
    Comparison between the two International law is considered Municipal law is the strongest
    weak in comparison to law from the positivist point of
    municipal law only from law.
    positivist point of view.
    Sources Treaties, conventions, customs, Source of law is legislation.
    general principal of law are
    primary sources.
    Judiciary ICJ acts as judiciary Judiciary is pervasive. SC, HC
    etc.

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