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The law is a set of rules, enforceable by the courts, which regulate the
government of the state and govern the relationship between the state
and its citizens and between one citizen and another.
2. Classification of Law
Types and Classification of Law
Rules of law may be classified as:
Written
National and International
Public and Private
Substantive and Procedural
Criminal and Civil
Written Law
These are rules of law that have been reduced into a written form. They are
embodied in a formal document for example The Constitution of Kenya, laws made
by parliament (statutes). Such laws prevail over unwritten Law.
Unwritten Law
These are rules of law that have not been reduced into written form. They are not
embodied in any single document for example African Customary Law, Islamic Law,
Hindu Law, Common Law, Equity. Their existence must be proved.
National or Municipal Law
These are rules of law operational within the boundaries of a country. It regulates
the relation between citizens and between citizens and the state. It is based on
Acts of Parliament, customary and religious practices of the people.
International Law
It is a body of rules that regulates relations between countries/states and other
international persons egg United Nations. It is based on international agreements of
treaties and customary practices of states and general principles.
Public Law
It consists of those fields or branches of law in which the state has an interest as the
sovereign egg criminal law, constitutional law, administrative law.
Public law is concerned with the constitution and functions of the various organs of
government including local authorities, their relations with each other and with the
citizens. Public law asserts state sovereignty/power.
Private law
It consists of those fields or branches of law in which the state has no direct interest
as the sovereign egg law of contracts, law of tout, law of property, law of
succession.
Private law is concerned with day to day transactions of legal relationships between
persons. It defines the rights and duties of parties.
Substantive Law
It is concerned with the rules themselves as opposed to the procedure on how to
apply them. It defines the rights and duties of parties and provides remedies when
those rights are violated e.g. law of contract, negligence, defamation. It defines
offences and prescribes punishment e.g. Penal Code Cap 63.
Procedural Law
It consists of the steps or guiding principles or rules of practice to be complied with
or followed in the administration of justice or in the application of substantive law.
It is also referred to as adjective law e.g. Criminal Procedure code Cap 75, civil
procedure Act Cap 21.
Criminal Law
Criminal law has been defined as the law of crimes. A crime has been defined as an
act or omission, committed or omitted in violation of public law egg murder,
manslaughter, robbery, burglary, rape, stealing, theft by servant or agent.
Civil Law
Civil law is concerned with violations of private rights in their individual or corporate
capacity egg breach of contract, negligence, defamation, nuisance, passing off
trespass to the person or goods.
3. The need for the rule of law
The rule of law has a huge importance in our community. Imagine a
society where the rule of law is failing. It may contribute to national
prosperity, peace, liberty and freedom from corruption.
4. Ignorance of law.
Ignorance of the law is the lack of knowledge about a statute, resulting
in commission of a crime without being aware of it. Most legal systems
believe in the principle that ignorance of the law is not an excuse, and
will hold defendants liable for violations of the law even if they can
demonstrate that they were not aware.
5. Law is prospective
One which provides for, and regulates the future acts of men, and does
not interfere in any way with what has past.
6. Waiver of rights
An intentional relinquishment or abandonment of a known right or
privilege. It is the act of voluntarily giving up rights or privileges,
usually through a written statement.
7. Abuse of right principle
Refers to the concept that the malicious or antisocial exercise of
otherwise legitimate rights can give rise to civil liability. In general
terms, the doctrine of abuse of rights provides that fault in the
delictual sense. It may be imposed upon a party who has exercised a
right in a manner that has caused injury to another
8. Doctrine of Stare Dicisis
(A) the day set aside by statute for observing New Year's Day, Martin
Luther King Jr.'s Birthday, Washington's Birthday, Memorial Day,
Independence Day, Labor Day, Columbus Day, Veterans Day,
Thanksgiving Day, or Christmas Day;
(B) any day declared a holiday by the President or Congress; and
(C) for periods that are measured after an event, any other day
declared a holiday by the state where the district court is located.
11.How laws are repealed
Expressly- by direct act of congress.