In this article of Samin Edalat law and arbitration Institute we will discuss about Conventional classification of law. Law is usually classified as public or private law. The history of this division goes back to ancient Rome. As at the beginning of the Justinian collection (of the Roman emperors), the study of law is divided into two parts.
In the following sections of this legal article, we will outline how this can be done.
Samin Edalat law and arbitration Institute -Public Law
Public law regulates the rules of government and the functions of government agencies and generally the relationship between people and the state.
Public law is the law which governs the relationship between the State and individual members within the State, and between one State and another. This division of law comprises several specialist classes of law such as:
Demand for security originated from nature of human. Preserving life from dangers is a deep rooted tendency of every living being. It is impossible to maintain social life continuity without stability and security. The criminal law provides and guarantees this vital element for every person and every community.
Crime affects the whole community and as offences are considered to be against the State, they are punished by a system laid down and administered by the State.
Criminal law is designed to protect the public from attack, and to enable any individual to preserve their rights under the law. The importance of criminal law cases makes them one of the most important part of Samin Edalat law and arbitration Institute. Skilled attorneys work in this department.
The Constitutional Law is the highest legal document in one country. It is a guidance for regulating other laws. This branch of law deals with the method of government within the State. Constitutional law affects the general public, in that it provides for the structure of the legislature, the formation of the Executive, the courts and legal system and the system of administration.
As the government has legislated for the provision of a large number of benefits for individual members of the state the courts and administrative tribunals have developed a body of laws and principles to regulate and control the agencies
Samin Edalat law and arbitration Institute – Private Law
This division of law is sometimes called civil law and is contrasted with criminal law. The latter deals with offences against the state, while civil or private law concerns the dealings between individual members of the state.
Because civil law only affects the individuals involved, it does not mean the State is not concerned or involved. In many instances the State will have created the law which regulates the conduct between the individuals, and will also administer the courts to hear disputes which have arisen.
The main distinction may be that in a criminal case the state brings the action, and stipulates and administers the punishment, while in civil cases an individual starts the action and the courts award the wronged individual the remedy the remedy best suited to the situation.
Law of Contract
An agreement between two or more persons which is intended to be legally binding.
Law of Tort
A recognized civil wrong other than a breach of contract or trust. Tort as trespass, negligence, nuisance and defamation.
Law of Property
The rights of individuals to ownership and possession of their property, both land and personal property. The law of succession deals with wills and how property is distributed after death.
Family law is a branch of private law that deals with marriage, divorce and separation, and the responsibilities, and duties of parents to each other and to their children.
As administrative law deals with disputes arising from the provision of State benefits, welfare law is concerned with the rights of individuals to obtain State benefits, and the rights and duties of parties with respect to housing and employment.
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