Classification of Law Flashcards
Define public law
Public law is between an individual and the government or organisation
What types of laws are within public law?
- Criminal
- Administrative
- Constitutional
Define criminal law?
Breaking criminal law, effecting/harming all members of society
Define administrative law
Relating to operation of the government and its various departments
Define constitutional law
Legal document outlining powers + operation of government
What are the types of criminal law?
- Against a person
- Against property
- Against state or sovereign
- Public order offences
- Traffic offences
- White-collar crimes
- Drug offences
Define private law
Between two individuals
What types of laws are within private law?
- Contract
- Property
- Tort
Define contract law
A legally binding agreement between two or more parties
Define property law
Anything that can be sold and bought
KEY ASPECT: insurance
the governing of various forms of ownership in real property and personal property
Define tort law
Civil wrongs - an individual inconveniencing another or breaching their rights
What are the four key areas of tort law?
- Negligence
- Nuisance
- Trespass
- Defamation
Who is the plaintiff? And are they in public or private law?
The person who brings a case in a civil matter
Private
What is the key difference between public and private law?
The role of the individual
Criminal -> society is wronged -> society brings case = public
Civil -> between individuals -> individual brings case = private
Criminal court procedure:
- Brought to local court
- Has jury of 12
- Provide evidence
