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General Classifications of Legal Subjects
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One means of classifying the law is to divide it into matters of public law and matters of private law. Public law includes constitutional law, administrative law, and criminal law. Public law provides a major portion of the legal environment of business. Private law encompasses those legal problems and relationships which exist between individuals, as contrasted with those in which society is involved. Private law is traditionally separated into the law of contracts, the law of torts, and the law of property.
Another important classification or distinction in law is the one between substance and procedure. Substantive law defines the legal relationship of people with other people, or as between them and the state. Procedural law deals with the method and means by which substantive law is made and administered. In other words, substantive rules of law define rights and duties, while procedural rules of law provide the machinery for enforcing those rights and duties.
Every social institution has rules by which it conduct s its affairs or “proceeds.” There are rules of law relating to legislative procedure which govern the steps that must be taken for a statute to be valid. Judicial procedures involve the method of conducting lawsuits, appeals, and the enforcement of judgements. The rules for conducting civil trials are different from those for criminal trials. For example, each party may call the other party to the witness stand for cross-examination in a civil trial, but the defendant may not be required to testify in a criminal case. Procedural problems sometimes arise concerning papers filed in lawsuits, the admission of evidence, and various other techniques involved in trying the case. A classification similar to that of public versus private contrasts civil law cases with criminal cases. For administrative purposes courts usually separate criminal actions from other lawsuits, with the latter known as civil cases.
Criminal Courts
Magistrates’ courts. The vast majority of all criminal cases are dealt with in the magistrates’ courts by magistrates, who are also known as Justices of the Peace (JPs). A magistrates’ court normally consists of three JPs (up to seven). They try the huge number of criminal cases which are brought for trivial crimes: motoring offences, petty theft, drunkenness, minor offences of violence and other breaches of public order. All these are summary offences.
. JPs have no legal qualifications. They receive no payment for their work. The clerks help them on points of law in deciding a case.
In some major cities, including London, there are District Judges in magistrates’ courts. They are qualified lawyers, work full time and are paid salaries. They sit alone and deal with more complicated cases. A person accused before a Magistrates’ Court may demand to be sent for trial before a Crown Court, even if the case is not serious.
Crown Courts.
Crown Courts act as the courts of first instance (trial courts) for serious criminal cases and the courts of appeal for Magistrates’ Courts. Only professional judges work in the Crown Courts: High Court Judges, Circuit Judges and Recorders.
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High Court Judges usually try the most serious criminal cases. Circuit Judges try certain categories of serious criminal offences such as murder, rape, child abuse and fraud.
The judge presides over the trial, but the decision on guilt or innocence is made by a jury of twelve citizens. The judge's functions are, first, to see that the trial is properly conducted; second, to give guidance to the jury before asking it for its verdict; and finally, if the jury finds the accused guilty, to decide upon the penalty and pronounce a sentence.
Appeals against the decisions of the Crown Court may be taken to the Court of Appeal.
Civil Courts
The most important civil courts are the county courts, which deal with minor cases, and the High Court, before which more serious matters are brought. Most appeals go to the Court of Appeal (Civil Division) in London. The Civil Division can provide legal remedy against judgments of the High Court and the county courts. Only professional judges work in county courts. They are Circuit Judges who also work in the Crown Courts.
The High Court of Justice is above the county courts. There are three divisions in the High Court – the Queen’s Bench Division, Chancery Division and Family Division.
The Queen’s Bench Division consists of about 80 High Court Judges. The judges of this Division try criminal and civil cases both in London and other cities. They also take appeals from lower courts – Crown Courts and Magistrates’ Courts. The QBD also exercises supervision over the lower courts.
The Chancery Division consists of about 20 High Court Judges and is headed by the Chancellor of the High Court. It deals with questions of company law, bankruptcy, trusts, patents, taxes, finance and property. The Chancery Division deals only with civil cases.
The Family Division consists of 20 High Court Judges, headed by the President of the Family Division. It deals with divorce, separation of spouses, wills, adoption of children, guardianship and some other matrimonial and family matters.
All the divisional courts act as courts of first instance and as appellate courts.
Unit 2
Classification of law
Law is a system of rules established by the state.
Civil law concerns disputes among a citizens within a country, and public law concerns disputes between citizens and the state, or between one state and another.
The system of law in our country consists of different categories of law.
Constitutional law is the leading category of the whole system of law. Its principal source is the country’s Constitution. It deals with social structure, the state system, organization of state power and the legal status of citizens.
Administrative law is closely connected with constitutional law but it deals with the legal forms of concrete executive and administrative activity of a government and ministries.
Criminal law defines the general principles of criminal responsibility, individual types of crimes and punishment applied to criminals. Crimes are wrongs which, even committed against an individual are considered to harm the well-being of society in general. Criminal law takes the form of a criminal code.
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International law regulates relations between governments and also between private citizens of one country and those of another.
Financial law regulates the budget, taxation, state credit and other spheres of financial activity.
Civil law is connected with relations in the economic sphere of life, with relations involving property, its distribution and exchange. The right in property is the central institution of civil law.
The rules of employment law include the legislation on the employment of industrial and office workers and regulate matters arising from employment relations.
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