Classification Of Law

Question 1

What is public law and what are the 3 main types of it?

Answer 1

Public law is the law which deals with the powers and obligations of governments and citizens. There are 3 main types of public law which include :

• criminal law
• administrative law : the body of law which regulates government decision making
• constitutional law

Question 2

What is private law and the 3 main types of it?

Answer 2

Private law is the law that aims to regulate the relationships between individuals, companies and organizations - people suing each other. There are 3 main types of private law which include :

• contract law : regarding any laws / regulations directed towards enforcing certain promises
• tort law
• property law : principles, policies and rules by which disputes over property are to be revolved and by which property transactions may be structured.

Question 3

Describe the process / features of criminal court proceedings.

Answer 3

• There is a prosecutor and a defendant ( accused ).
• The state through the prosecutor brings the case to court.
• The onus is on the prosecutor to prove the case.
• The standard of proof in a criminal case is beyond reasonable doubt.
• Criminal offenses can be summary ( minor ) or indictable ( more serious )
• A person can plead guilty or not guilty.
• The prosecution must prove the case beyond reasonable doubt by providing sufficient evidence to convince the court.
• Jury reaches a verdict or guilty or not guilty then the judge will impose an appropriate sentence.

Question 4

Describe the process / features of civil court proceedings.

Answer 4

• court actions involving disputes between individuals.
• Between a plaintiff ( prosecutor ) and a defendant.
• An individual or organization is bringing the case to court.
• The onus is on the plaintiff.
• The standard of proof required is balance of probabilities ( which version is most likely )
• Plaintiff and defendant exchange documents called pleading that set out issues to be decided in court.
• Parties may get information by the process of discovery and can settle the matter without trial if they please.
• If the plaintiff is successful the judge will grant them a remedy. ( monetary compensation )
• The court that hears the case will depend on the monetary value of the subject matter.
• Jury is at the option of parties but will usually be smaller ( 6 people )

Question 5

Identify some legal personnel.

Answer 5

• defendant is the person who must defend their actions in court.
• Witness is someone who provides evidence in a case by answering questions asked by the prosecutor.
• Judges associate helps the judge in court with documents and exhibits used in the case.
• Media representatives can usual attend court proceedings.