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4 Classifications of Law
4 Classifications of Law
There are four different classifications of law that are found around the world. In this brief article I will explain the differences that make up the four classifications of law.
1. Substantive of laws vs. Procedures of laws– Substantive of law is the substance that makes up a law. It is the meaning of a law that explains what you can and cannot do. For example the law states that you cannot murder another human being unless it was in self defense, you were under duress, or if you were drugged by another person. Unlike substantive of law, procedures of laws are just the steps that must take place when filing a lawsuit against another party.
2. Public vs. Private Law– Public law simply means that the government is involved. Public law is any law that has to do with the constitution and the public. This type of law normally involves a criminal suit were the government is prosecuting a citizen for a crime they allegedly committed. Private laws are laws that do not involve the government, and are laws that allow one private entity to sue another private entity in a civil lawsuit.
3. Criminal vs. Civil Law– Criminal law was created to protect the public from the government or from themselves. Criminal laws were created so that the government could not prosecute individuals without due process and so that the public could protect themselves from each other. Civil law are cases where one or both parties are looking for compensation instead of jail time. Civil law covers anything that criminal law does not cover in the court system.
4. Common vs. Civil law countries– Common law countries prosecute with the concept of “Stare Decisis” meaning, let the decision stand. This means that these countries such as the United States of America make decisions based on precedent. These countries are case law countries and look at how past cases were decided and use that in the decision process when prosecuting. Unlike common law countries, civil law countries do not rely on precedent but instead prosecute lawsuits on a case to case basis without looking at how past cases had been decided.