Chapter 02 (Classifying Laws) Flashcards
Why classify law?
-DEFINITION+3 PRINCIPAL-
Definition:
- To know which area of law/ legal rules we’re dealing with
3 principles:
- Ordering / Labelling
- To make it more easily found/compared with under different headings
- organizes the content of law into larger categories of legal rules - Application
- To know what kind of problem it is/ what law to apply
(E.g. Tort, criminal, company etc) - Procedural justice
- Understand the nature of judicial process
What is classification?
- DEFINITION+METHOD-
Definition:
- Organizing individual items into distinct categories
Method:
- Grouping things together according to their attributes (characteristics)
The value of Classification in Legal Studies
(5 VALUES)
- Identify general type of problem
- Define concept through essential characteristics
- Distinguish the concepts
- Understand legal relationship
- Offer clues for investigation
How to classify laws?
(Use NCE)
N = Name of the concept
C = Characteristics (Attributes)
E = Example
How to classify Major Divisions of law
-3 WAYS-
- Support or Justify with Reasons
- Explaining why a rule fits into a particular category. - Contrasts One Pair of Legal Categories
- Contrast the categories (e.g. Tort, compamy, etc) to classify rules accurately. - Defining Characteristics
- Correctly identify and classify legal rules.
What are the Major Divisions of Law?
-INTERNATIONAL LAW V MUNICIPAL LAW-
International Law:
- EXTERNAL
- Between states and international organizations
- Governes the relations between international states etc
Municipal Law:
- INTERNAL
- Between a state and people whitin that state (e.g. a country, nation, region)
- Governs the country’s behavior within the authority (e.g. NSL, Traffic Law, etc)
What are the Major Divisions of Law?
-PUBLIC LAW V PRIVATE LAW-
depends on the relation between legal persons involved
Public Law:
- Relations in public sphere
(E.g. criminal law, administrative law, constitutional law)
Private Law:
- Relations in private sphere
(E.g. Contract law, tort law, property law)
What are the Major Divisions of Law?
-CRIMINAL LAW V CIVIL LAW-
Criminal Law:
- Protects society by punishing offenders
(E.g. Theft, assault, murder = criminal proceeding)
Civil Law:
- Resovles dispute between individuals and entities
(E.g. Contract dispute, property disputes, personal injury claims = Civil proceeding)
What are the Major Divisions of Law?
-SUBSTANSIVE LAW V PROCEDURAL LAW-
Substansive Law:
- Specify rights and duties of legal persons
(E.g. contract law, tort law, property law, criminal law)
Procedural Law:
- Provide means to vindictaing or enforcing those rights and duties
(E.g. criminal procedure, civil procedure, law of evidence)
What are the Major Divisions of Law?
-LEGISLATION V CASE LAW-
Legislation:
- Enacted law
(E.g Ordinence, delegated legislation)
Case Law:
- A by-product of decisions of judges and resolving disputes
(E.g. common law, rules of equity)
What are the Major Divisions of Law?
-COMMON LAW V EQUITY-
Common Law:
- Laws originating from common law courts in England
(E.g. Contract Law, Tort Law, Demages)
Equity:
- Laws originating from courts of equity (chancery) in England
(E.g. Injunctions, Specific performence)
