Classifications of Law

Question 1

What are the three classifications of law?

Answer 1

Municipal/Domestic, Public International, and EU Law

Question 2

What does Public and Private/Civil Law fall under?

Answer 2

Municipal/Domestic

Question 3

What falls under Public Law?

Answer 3

Constitutional, Administrative, and Criminal

Question 4

What falls under Private/Civil Law?

Answer 4

Contract, Torts, Family, Property

Question 5

What does substantive law do?

Answer 5

It defines rights, powers, and the corresponding duties and liabilities of persons.

Question 6

What is meant by procedural law?

Answer 6

It is substantive law applied (i.e. enforced, prosecuted, etc.)

Question 7

What are the main qualities of the Civil Law system?

Answer 7

• It is based on Roman Law (influenced by German tradition later).
• Codes (e.g. Civil Codes) are the primary source of law. These are conceptual and abstract.
• Precedents are not strictly bound by precedent; judges only take case law into account when deciding.

Question 8

What are the main qualities of the Common Law system?

Answer 8

• It is based on Medieval English tradition.
• Statutes (enacted by Parliament) and case law (judge-made decisions) are primary sources of law.
• Precedents are binding.
• It is common to all Commonwealth countries and throughout the land; exported to USA, Australia, Canada (except Quebec), and some African countries