Chapter 3- Classification Of Law Flashcards
what is public law?
The body of law governing relationships between individuals and the state and the structure and operation of gov. Itself; for example,criminal, administrative and constitutional law.
What is private law?
The body of law governing relationships between individuals; for example, contract law, torts , family law and property law.
What is criminal law?
Is the body that rules under which certain acts or omissions are punished by the state. It’s function is to maintain public safety and for order for the whole society
What is administrative law?
It looks after gov. Powers and the decisions of gov. Orgs.
What is constitutional law?
Is a branch of public law that looks after seperation of powers and division of powers.
What is civil jurisdiction?
The power of a court to hear matters involving disputes between private and individuals and to award civil remedies.
What is a plaintiff?
A third party of a deal to make sure the contract goes smoothly.
What can the plaintiff do?
An injunction a court order requiring an individual or org to perform or not to perform a particular action.
Or
A specific performance. Which is an order requiring the defendant to perform the acts that the contract obliged him or her to perform.
What is a tort laws and types.
Tort cases deal with situations in which someone has done something to interfere with the rights of someone else.
Example
The snail case pg 67
The types are Negligence Nuisance -public or private Trespass to land False imprisonment Defamation
What is property law?
It is a wide area of law that governs relations involving things and interests that can be owned and that have commercial value.these objects can be capable of possession or less tangible/intangible things (bitcoin).
Difference of Common and civil law systems?
The difference between the two systems is that in civil law, judges apply the rules in the code of law to the various cases before them, whereas in common law, the rules are derived in part from specific court rulings.