Classification of Different Types Of Law Flashcards
What are the two ways to classify law?
> Criminal law or Civil law.
> Public law or Private law.
What is public law?
Concerned with relationships between individuals and the state.
What is private law?
Concerned with the rights and duties between individuals.
What are the 3 sections of Public law?
> Criminal law.
Constitutional law.
Admin law.
What is Criminal law?
The state can prosecute people who commit crime EG: Murder.
What is the standard of proof required in criminal law.
Case must be proved beyond reasonable doubt.
What is constitutional law?
Laws relating to British constitution EG: FIXED-TERM PARLIAMENT ACT 2011
What is admin law?
Concerned with making sure the Government are acting within their legal powers.
What are some types of private law?
> Property. > Contract. > Tort. > Family. > Probate. > Company.
These are all types of civil law.
What is the standard of proof in a private case?
A claimant must prove his case in the balance of probabilities.
How are criminal cases named?
They are brought in the name of the Queen against the defendant EG: R V SMITH, where the R stands for Regina with is Latin for Queen. The V is pronounced ‘against’.
How are civil cases named?
Brought as the claimants name against the defendants name EG: PARKER V SMITH, where the V is pronounced ‘and’.