What is law and explain civil law crminal law and consitutional law?
Law is the system of rules which a particular country or community recognizes as regulating the
actions of its members and which it may enforce by the imposition of penalties.
According to austin law is
Austin says that law is a command which obliges a person or persons to a course of conduct. It is
laid down by a political sovereign and enforceable by a sanction.
Kinds of law
Crimnal law
Civil law
Consitution law
What is civil law
A body of rules that delineate private rights and remedies, and govern disputes between individuals
in such areas ascontracts, property, and Family
Law; distinct from criminal or public law. Civil law systems, which trace their roots to ancientRome
, are governed by doctrines developed and compiled by legal scholars. Legislators and
administrators in civil lawcountries use these doctrines to fashion a code by which all legal
controversies are
decided.
The civil law system is derived from the Roman Corpus Juris Civilus of Emperor
Justinian I ; it differs from a common-
lawsystem, which relies on prior decisions to determine the outcome of a lawsuit. Most European
and South American countrieshave a civil law system. England and most of the countries it
dominated or colonized, including Canada and the UnitedStates, have a common-
law system. However, within these countries, Louisiana, Quebec, and Puerto Rico exhibit
theinfluence of French and Spanish settlers in their use of civil law systems.
Essentail of civil law
Legal right
The interest in a claim which is recognized by and protected by sanctions of law imposed by a
state, which enables one to possess property or to engage in some transaction or course of
conduct or to compel some other person to so engage or to refrain from some course of
conduct under certain circumstances, and for the infringement of which claim the state
provides a remedy in its courts of justice
two kind of legal right one is right of personam and other is right in rem
Legal remedy
The way a right is enforced by a court of law when injury, harm, or a wrongful act is imposed upon
another individual. The laws of remedies will be based on the extent of relief the plaintiff is entitled
to receive after appropriate court procedures were followed and the plaintiff proved with sufficient
evidence they were wronged by the defendant.
What is crimnal law?
A body of rules and statutes that defines conduct prohibited by the government because it
threatens and harms public safetyand welfare and that establishes punishment to be imposed for th
e commission of such acts.
The term criminal law generally refers to substantive criminal laws. Substantive criminal laws
define crimes and mayestablish punishments. In contrast, Criminal
Procedure describes the process through which the criminal laws are enforced.For example, the la
w prohibiting murder is a substantive criminal law. The manner in which government enforces this
substantive law—through the gathering of evidence and prosecution—
is generally considered a procedural matter.
Crimes are usually categorized as felonies or misdemeanors based on their nature and the maximu
m punishment that canbe imposed. A felony involves serious misconduct that is punishable by
death or by imprisonment for more than one year.Most state criminal laws subdivide felonies into
different classes with varying degrees of punishment. Crimes that do notamount to felonies are
misdemeanors or violations. A misdemeanor is misconduct for which the law prescribes
punishmentof no more than one year in prison. Lesser offenses, such as traffic and parking infract
ions, are often called violations andare considered a part of criminal law.
Differece between crimnal law and civil law
Definition Civil law deals with the disputes between individuals, Criminal law is
organizations, or between the two, in which compensation is the body of law
awarded to the victim. that deals with
crime and the
legal
punishment of
criminal
offenses.
Purpose To deal with the disputes between individuals, organizations, or To maintain
between the two, in which compensation is awarded to the victim. the stability of
the state and
society by
punishing
offenders and
deterring them
and others
from
offending.
Jury opinion In cases of civil law, the opinion of the jury may not have to be In the criminal
unanimous. Laws vary by state and country. Juries are present justice system,
almost exclusively in criminal cases; virtually never involved in civil the jury must
actions. Judges ensure law prevails over passion. agree
unanimously
before a
defendant is
convicted.
Case filed by Private party Government
Decision Defendant can be found liable or not liable, the judge decides this. Defendant is
convicted if
guilty and
acquitted if not
guilty, the jury
decide this.
Standard of proof "Preponderance of evidence." Claimant must produce evidence "Beyond a
beyond the balance of probabilities. reasonable
doubt":
Burden of proof Claimant must give proof however, the burden may shift to the "Innocent until
defendant in situations of Res Ipsa Loquitur (The thing speaks for proven guilty":
itself). The
prosecution
must prove
defendant
guilty.
Type of Compensation (usually financial) for injuries or damages, or an A guilty
punishment injunction in nuisance. defendant is
subject to
Custodial
(imprisonment)
or Non-
custodial
punishment
(fines or
community
service).
What is consitutional law ?
Constitutional law is a body of law which defines the role, powers, and structure of different entities
within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the
basic rights of citizens and, in federal countries such as the United States and Canada, the
relationship between the central government and state, provincial, or territorial governments.
Not all nation states have codified constitutions, though all such states have a jus commune, or law
of the land, that may consist of a variety of imperative and consensual rules. These may
include customary law, conventions, statutory law, judge-made law, or international rules and
norms. Constitutional law deals with the fundamental principles by which the government exercises
its authority. In some instances, these principles grant specific powers to the government, such as
the power to tax and spend for the welfare of the population. Other times, constitutional principles
act to place limits on what the government can do, such as prohibiting the arrest of an individual
without sufficient cause.
In most nations, such as the United States, India, and Singapore, constitutional law is based on the
text of a document ratified at the time the nation came into being. Other constitutions, notably that
of the United Kingdom,[1][2] rely heavily on unwritten rules known as constitutional conventions;
their status within constitutional law varies, and the terms of conventions are in some cases strongly
contested.[3]