Outline two types of classification of law
ANSWER
- Criminal and civil law
Criminal law: this is the law of crimes or offences. A crime is often defined as an act or omission, committed or omitted in violation of public law. It is a contravention of state law and suspects are generally arrested and prosecuted by the state.
Civil law: this is law concerned with rights, duties and powers of parties in ordinary transactions and include Law of Contract, Law of Torts, Law of Marriage, Law of succession, Law of Property.
- A person whose rights have been violated is said to have a cause of action i.e. reason to sue, for example breach of contract, negligence, defamation battery, assault, conversion.
- The innocent party institutes proceedings against the alleged wrongdoer and prosecutes the same.
- Substantive and Procedural law
Substantive law: consists of the rules themselves as opposed to the procedure on how to apply them. It is concerned with the rights and duties of parties and provides remedies, for example law of contract, law of torts, law of succession. It defines offences and prescribes punishment for example penal code.
Procedural law: consists of the steps or guiding principles or rules of practice to be complied with in the application of substantive law.
It is often referred to as adjectival law.
It is the hand maiden of substantive law. Examples include Criminal Procedure Code Cap 75, Civil Procedure Act, Cap 21.
- National and International Law
National law: this is municipal or state law and consists of all rules of law operational within the boundaries of a given country. It generally regulates relation between citizens and the state and citizens inter se. It originates from acts of parliament as well as customary and religious practices of the people.
International law: this is a body of rules which regulates the relation between states or countries and other international persons for example the United Nations. International law is based on international agreements or conventions or treaties and customary practices of states.