Classification of Law

Public law :
Public law is the body of law that governs the relationship between the individual
and the state, as distinct from civil law (or `private' law) which governs the
relationships between individuals. Public law is often taken to be divided into
`criminal', `constitutional' and `administrative' branches, although these are not
distinct in all jurisdictions.

Criminal Law

The criminal law is concerned with offences against society at large – crimes. Prosecuted by the
State. Punish and deter.

Criminal law (penal law) is the body of laws which regulate governmental sanctions (such as
imprisonment and/or fines) as retaliation for crimes against the social order.

Any dispute that concerns a crime committed against public authority or other citizens falls
under criminal law. Along with civil law, criminal law is one of the broad classifications under
which an offense can be placed. Murder, theft, driving under the influence and other such
violations fall under criminal law.

Civil Law

Civil law is concerned with disputes between private parties, for example, consumer and
supplier, employer and employee. Injured party sues. Damages or injunction.

Any dispute that is related to contractual agreements and such can be classified under civil law.
In other words, any dispute that does not involve criminal charges falls under the civil law
category.

Administrative law

This is a body of laws that deals with the activities and governing capacities of the
administrative bodies of the Government. These bodies should not be exempt from standard laws
of functioning, and administration law is the branch that deals with disputes regarding the same.

Administrative law refers to the body of law which regulates bureaucratic managerial procedures
and is administered by the executive branch of a government; rather than the judicial or
legislative branches (if they are different in that particular jurisdiction). This body of law
regulates international trade, manufacturing, pollution, taxation, and the like. This is sometimes
seen as a subcategory of civil law and sometimes called public law as it deals with regulation and
public institutions
Constitutional law

This is one of the different branches of law that deals with the study and the practice of the
principles set forth by the Constitution. Any violation that disregards Constitutional policies is
held to be unconstitutional.

All these different branches of law go hand in hand and work simultaneously to enable the
smooth functioning of society. People who break these laws are dealt with accordingly, and this
is what keeps our society working.

Judicial Precedents=Jurisprudence=Case Law

A unique feature of law is the doctrine of judicial precedents, whereby the reported decisions of
the courts form a binding source of law for future decisions. A judge is bound by decisions
of courts of superior jurisdiction but not necessarily by those of inferior courts.

Case law (precedental law) regulates, via precedents, how laws are to be understood. Case law,
also called common law or judge-made law, is derived from the body of rulings made by a
country's courts

Case Law and Precedent

Ratio decidendi

Case law arises from judicial decision-making. A judgment will contain the facts of the case, the
correct legal position (the reason for the decision – ‘ratio’) and the decision itself. The ratio
sets a binding precedent for courts below. Flexibility is built into the system by the ability to
overrule (usually at a higher level) and to distinguish (one case from another).

Ratio overruled

A ratio is set out in the case of A v B. In a later case between C and D, on the same point, in the
same or a higher court, the ratio in A v B is held to be incorrect and is therefore overruled. (It
might have been correct and been affirmed). Contrast this with the decision in A v B being
reversed (on appeal).

Decision reversed

A is unsuccessful against B and appeals to a higher court on the ground that the lower court
misinterpreted the law. The higher court holds the ratio given by the lower court to be incorrect
law and reverses the decision. A, the appellant, succeeds.
Legal Personality

Only legal ‘persons’ can become liable or pursue an action under the law.

Types of legal person

• A natural person i.e. a human being

• An artificial person i.e. a corporation

Corporations

These may be chartered, statutory, or registered.

Obiter Dicta:

By the way . . . .” A passing statement reached in a court opinion that is irrelevant

to the outcome of the case

Words of an opinion entirely unnecessary for the decision of the case. A remark
made or opinion expressed by a judge in a decision upon a cause, "by the way",
that is, incidentally or collaterally, and not directly upon the question before the
court or upon a point not necessarily involved in the determination of the cause, or
introduced by way of illustration, or analogy or argument. Such are not binding as
precedent.

Key Points

• Law may be classified as civil or criminal

• Cases are used as precedents, with binding authority
• Only legal persons can become legally liable or pursue a legal action