Branches of law
Law can
be divided into two main branches: (1) private law and (2) public law.
Private law deals with the rights and obligations people have in their
relations with one another. Public law concerns the rights and
obligations people have as members of society and as citizens. Both
private law and public law can be subdivided into several branches.
However, the various branches of public and private law are closely
related, and in many cases they overlap.
Private
law determines a person's legal rights and obligations in many kinds
of activities that involve other people. Such activities include
everything from borrowing or lending money to buying a home or signing
a job contract.
The great majority of lawyers and judges spend most of their time
dealing with private law matters. Lawyers handle most of these matters
out of court. But numerous situations arise in which a judge or jury
must decide if a person's private-law rights have been violated.
Private law can be divided into six major branches according to the
kinds of legal rights and obligations involved. These branches are (1)
contract and commercial law, (2) tort, (3) property law, (4)
inheritance law, (5) family law, and (6) company law. The dividing
line between the various branches is not always clear, however. For
example, many cases of property law also involve contract law.
Contract and commercial law deals with the rights and obligations of
people who make contracts. A contract is an agreement between two or
more persons that can be enforced by law. A wide variety of business
activities depend on the use of contracts. A business firm makes
contracts both with other firms, such as suppliers and transporters,
and with private persons, such as customers and employees.
Tort. A tort is a wrong or injury that a person suffers because of
someone else's action. The action may cause bodily harm; damage a
person's property, business, or reputation; or make unauthorized use
of a person's property. The victim may sue the person or persons
responsible. The law of tort deals with the rights and obligations of
the persons involved in such cases. Many torts are unintentional, such
as causing damage in traffic accidents. But if a tort is deliberate
and involves serious harm, it may be treated as a crime.
Property law governs the ownership and use of property. Property may
be real, such as land and buildings, or personal, such as a car and
clothing. The law ensures a person's right to own property. However,
the owner must use the property lawfully. People also have the right
to sell or lease their property and to buy or rent the property of
others. Property law determines the rights and obligations involved in
such dealings.
Inheritance law, or succession law, concerns the transfer of property
upon the death of the owner. Nearly every country has basic
inheritance laws, which list the relatives or other persons who have
first rights of inheritance. But in most Western nations, people may
will their property to persons other than those specified by law. In
such cases, inheritance law also sets the rules for the making of
wills.
Family law determines the legal rights and obligations of husbands and
wives and of parents and children. It covers such matters as marriage,
divorce, adoption, and child support.
Company law governs the formation and operation of business
corporations or companies. It deals mainly with the powers and
obligations of management and the rights of shareholders. Company law
is often classed together with contract and commercial law as business
law.
Public law involves government directly. It defines a person's rights
and obligations in relation to government. Public law also describes
the various divisions of government and their powers.
Public law can be divided into four branches: (1) criminal law, (2)
constitutional law, (3) administrative law, and (4) international law.
In many cases, the branches of public law, like those of private law,
overlap. For example, a violation of administrative law may also be a
violation of criminal law.
Criminal law deals with crimes--that is, actions considered harmful to
society. Crimes range in seriousness from disorderly conduct to
murder. Criminal law defines these offences and sets the rules for the
arrest, the possible trial, and the punishment of offenders. Law that
is not criminal law is defined as civil law, although this also has
another meaning, discussed later. Some crimes are also torts and the
victim may sue for damages under civil law.
In the majority of countries, the central government makes most of the
criminal laws. In some countries, such as Australia and the United
States, each state, as well as the federal government, has its own set
of criminal laws. However, the criminal laws of each state must
protect the rights and freedoms guaranteed by federal constitutional
law.
Constitutional law. A constitution is a set of rules and principles
that define the powers of a government and the rights of the people.
The principles outlined in a constitution form the basis of
constitutional law. The law also includes official rulings on how a
constitution's principles are to be interpreted and carried out.
Most nations have a written constitution. A major exception is Great
Britain. The British constitution is unwritten. It consists of all the
documents and traditions that have contributed to Britain's form of
government. In most democracies, the national constitution takes first
place over all other laws.
Conflicts between a constitution and other laws are settled by
constitutional law. In many countries, the courts have the power of
judicial review, under which they may overturn any laws judged to be
unconstitutional.
Administrative law centres on the operations of government
departments. Administrative law is one of the most complicated
branches of law.
Governments set up many administrative departments to do the work of
government. They deal with such matters as education, public health,
and taxation. Other departments administer social welfare provisions,
such as pensions and social security. In most cases, the departments
are established in the executive branch of government under powers
granted by the legislature. Administrative law consists chiefly of (1)
the legal powers granted to administrative departments by the
legislature and (2) the rules that the departments make to carry out
their powers. Administrative law also includes court rulings in cases
between the departments and private citizens.
International law deals with the relationships among nations both in
war and in peace. It concerns trade, communications, boundary
disputes, methods of warfare, the uses of the ocean, and many other
matters. Laws to regulate international relations have been developed
over the centuries by customs and treaties. But international law,
unlike other branches of law, is difficult to enforce.
|
